Srinagar- The High Court of J&K and Ladakh on Friday set aside its single bench’s verdict by virtue of which detention order under a Public Safety Act was upheld against a youth from Pulwama earlier this year.
A division bench of Chief Justice Tashi Rabstan and Justice M. A. Chowdhary allowed the appeal filed by the detainee, Tanseem Ahmad Sheikh of Awantipora Pulwama against the single bench’s verdict on May 15 this year, observing that “the third detention order is thus, not sustainable on the same grounds.”
“The detention order, impugned before the Writ Court (Single Bench), was thus, found to be based on almost same grounds, which had been used to base two earlier detention orders against the appellant-detenue (Tanseem), which had been quashed by this Court,” the Division Bench said, adding, “The third detention order is thus, not sustainable on the same grounds.”
Moreover, the Division Bench said though, authorities had taken a stand against their own record, that the detainee had not filed representation against his detention, whereas, representation was stated to have been considered and rejected by the Government of J&K. “However, the same was not conveyed to the detenue (Tanseem), which vitiates the detention order impugned.”
Subsequently, the court quashed the detention order dated 24 May last year passed by District Magistrate Pulwama against Tanseem and ordered his release forthwith if not required in any other case(s).
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