Excelsior Correspondent
Srinagar, Nov 23: High Court today quashed the detention order under Public Safety Act and directed for immediate release of the detenu from the preventive custody.
Justice Ali Mohammad Magrey quashed the detention order of one Gulzar Ahmad Ganie of Arreh Kulgam slapped on him on April 2019 by the District Magistrate Kulgam and directed the authorizes to released him forthwith.
Justice Magrey after examining the case on the touch stone of the settled position of law and perusal of record, said, the detenu was not supplied the materials relied upon by the detaining authority and was provided only material in the shape of grounds of detention with no other material/documents, as referred to in the order of detention.
“On these counts alone, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention”, Justice Magrey recorded.
Court has also referred the law laid down by the Apex Court in case titled Lallubhai Jogibhai Patel versus Union of India on the issue and held the detention order of DM Kulgam as vitiated, as not amounting to effect communication of grounds, and resultant deprivation of the right to make representation against the same.
“That being so, the grounds of challenge set up by petitioner, succeeds and the detention stands vitiated. Other grounds urged do not therefore, need to be separately addressed”, reads the judgment.
Court directed the Registrar Judicial of this Court shall forthwith convey the order to District Magistrate, Kulgam and Jail Superintendent concerned for compliance of the order forthwith.
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