Excelsior Correspondent
JAMMU, Oct 25: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Alok Aradhe today allowed the LPA filed against the judgment of Single Judge and directed the concerned authorities to release the detenue from the preventive custody.
“The detenue is required to be released forthwith as the detention order itself had become invalid on 23.02.2017 when the detenue was not informed that he could make a representation to the detaining authority. On this ground alone, the detention order would have to go. Thus, the detention order having become invalid, the appellant/detenue is liable to be released insofar as this detention order is concerned”, the DB said.
The detenue Tanveer Ahmad Gojree was detained under detention order dated 22.02.2017 issued by the District Magistrate, Baramulla, in purported exercise of powers conferred by Clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act, 1978. The detention order is stated to have been executed on 23.02.2017. The Government’s approval under Section 8(4) of the Jammu and Kashmir Public Safety Act, 1978 was granted on 02.03.2017 which was within the specified period of 12 days.
Shafaqat Hussain, counsel for the appellant raised several issues. However, the main issue was that the appellant was not informed that he could make representation to the detaining authority—District Magistrate, Baramulla till the Government’s approval came.
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