Srinagar- The High Court of J&K and Ladakh on Friday quashed a detention order under Public Safety Act against a 37-year-old person from Pampore Pulwama and ordered his release if not needed in any other case.
“Once an earlier order of detention stands nullified by the order of the Court, the earlier grounds mentioned in the detention order cannot be the reason for passing fresh one,” said a bench of Justice Puneet Gupta while quashing the District Magistrate, Pulwama Order (No.50/DMP/PSA/22) dated 20 June 2022 against Ghulam Mohi-ud-din Lone of Androosa Khrew Pampore.
“The Court is also in agreement with the contention of the counsel for the petitioner (Lone) that the vague grounds in the detention order deprived the petitioner of making statutory representation before the Advisory Board and the government,” the Bench said, adding, “The right of representation is statutory right and fundamental in character of which the petitioner has been deprived of due to ambiguous and vague nature of allegations leveled in the detention order.”
Subsequently, the court quashed the detention order, observing that the same has not been passed in accordance with law. “The petitioner is directed to be released from the custody provided he is not required in any other case.”
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