Srinagar- The High Court of J&K and Ladakh has quashed detention orders under Public Safety Act against four detainees and ordered their release from preventive detention if not needed in any other case.
“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,” a bench of Justice Sanjay Dhar said while quashing detention order against Imran Ahmad Ganie, ordered to be detained under PSA by District Magistrate Baramulla on 9 April 2022.
“The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law.”
The court also quashed detention orders against Sakib Akbar Waza son of Mohammad Akbar Waza of Khulbagh Gulshanpora Tral Pulwama (ordered to be detained by DM Pulwama on 16 December 2021) and Shakir Bashir Kumar of Shopian (ordered to be detained under PSA on 28.06.2022).
Also, a bench of Justice M A Chowdhary quashed detention, passed by District DM Kulgam on 27.08.2022 against Manzoor Ahmad Wani of Gratbal Qaimoh Kulgam.
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