Srinagar- The High Court of J&K and Ladakh on Monday quashed detention orders under Public Safety Act against three detainees and directed authorities to release forthwith if not wanted in any other case.
A bench of Justice Sanjay Dhar quashed detention order dated 25August 2022, issued by District Magistrate, Shopian against Ishfaq Ahmad Dar and detention orders dated 27 June 2022 and 14 September 2022 by DM Srinagar against Mir Nasrullah and Mohammad Ramzan Naik respectively.
The court found force in contention by Dar that the whole of the material relied upon by the detaining authority, while framing the grounds of detention, was not supplied to him.
“Obviously, the petitioner (Dar) has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board,” the court said, adding, “Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.”
Similarly, the court observed that on the basis of “vague” allegations, a detainee could not have made an effective representation against his detention. “Thus, there has been violation of safeguards provided under Article 22(5)of the Constitution of India. Therefore, the detention order is rendered illegal and unsustainable in law,” the court said while hearing the plea by Naik.
“….non-consideration or an unreasonably belated consideration of the representation (by detainee) tantamounts to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law,” the court said while quashing PSA detention order against Mir Nasrulla, a resident of Batamaloo here.
Subsequently, while quashing the detention orders, the court directed the authorities to release them from the preventive custody forthwith, provided they are not required in connection with any other case.
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