Srinagar– The High Court of J&K and Ladakh has quashed detention ordered under Public Safety Act against two persons and ordered their immediate release if not needed in any other case.
“It was incumbent upon the detaining authority to inform the petitioner about his right to make a representation against the order of detention. Omission of the detaining authority in this regard renders the impugned order of detention unsustainable in law” said a bench of Justice Sanjay Dhar while quashing detention order passed by District Magistrate Shopian on 27 October 2022 against Ghazi Ahmad Bhat, a resident of the south Kashmir district.
Similarly, the court also quashed the detention order passed by District Magistrate Shopian against the detainee, Adil Fayaz Lone on 28 November 2022.
“It needs no emphasis that the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue (detainee),” the court said, adding, “The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law.”
Subsequent to the quashing of the detention orders, the Court directed the release of both the detainees provided they are not required in any other case.
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