Srinagar: The failure on the part of detaining authority to supply the material on which the detention order renders same illegal and unsustainable in law, the High Court of J&K and Ladakh said on Friday as it quashed orders under Public Safety Act against two detainees and ordered their immediate release if not needed in any other case.
Allowing their separate petitions, a bench of Justice Sanjay Dhar quashed the detention orders against two residents of Srinagar, namely Shahid Shafi Sheikh and Muhammad Latief Dar.
The Court directed the authorities to release the detainees from the preventive custody forthwith provided they were not required in connection with any other case.
Sheikh was booked under PSA in terms of an order passed by District Magistrate Srinagar on August 30, 2022, while Dar was placed under “preventive detention” by virtue of an order issued by the Magistrate on 19.08.2019.
“The unexplained delay in execution of the warrant of detention upon the petitioner renders the subjective satisfaction of the detaining authority doubtful. Consequently, the impugned order of detention has been rendered unsustainable in law”, the Court said in response to one of the grounds raised by the detainee against his detention.
In reply to another ground of the challenge to the detention order, the court pointed out that the detainee could not 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 was based, was supplied to him.
“The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law,” the court said and quashed the detention against Sheikh. Similarly the court quashed the detention of Dar under PSA and ordered his release if not needed in any case.
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