Srinagar- The non-consideration of the representation is violation of the constitutional guarantee, the High Court of J&K and Ladakh underlined as it quashed detention of a detainee from Shopian who was booked under Public Safety Act (PSA) in 2022.
A bench of Justice Puneet Gupta quashed the order dated 28 June 2022 passed by District Magistrate Shopian under PSA against Sartaj Ahmad Naik of Mantribugh, Shopian and directed the authorities to release him from custody forthwith provided he was not required in some other case.
“There appears to be no reason as to why the petitioner should not have been provided with the dossier or any other material pertaining to the detention. This very flaw in the proceedings carried out by the respondents knocks out the validity of the detention order,” the court said.
The Court observed that for all practical purposes the grounds of detention were reproduction of the dossier provided by the police to the District Magistrate. “Apparently, the manner in which the grounds of detention have been formulated by the detaining authority does not make out any independent subjective satisfaction recorded by the (District Magistrate) in the present petition,” it said.
Subsequently, the court held that the order of detention bearing No. 144/DMS/PSA/2022 dated 28.06.2022, passed by the District Magistrate Shopian was not sustainable in the eyes of law. Accordingly, it quashed the same.
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