Excelsior Correspondent
Srinagar, Feb 26: High Court has quashed ten detention orders passed under Public Safety Act and directed the authorities to release them from the preventive custody.
Court has quashed the detention of one Ghulam Mustafa Sheikh of Kupwara passed by District Magistrate Kupwara on 28.12.2019.
Court from the enunciation of law on the issuance of PSA against detenu-Sheikh said, it is clear that unless there are fresh grounds of detention, a person cannot be put under preventive detention on the basis of the grounds of detention which have formed basis of an earlier detention order which has been quashed by the court.
In case of detenu Javaid Ahmad Munshi of Srinagar who was detained by District Magistrate Srinagar on 22.11.2019 court said the detenu cannot be expected to make an effective and purposeful representation which is his constitutional and statutory right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which detention is based, is supplied to the detenu.
Court in view of the discussion made by counsel for the parties said, the authorities have failed to observe the mandatory constitutional and statutory safeguards in the case of the detenu and, as such, the impugned order of detention cannot be sustained in law. “The failure on the part of detaining authority to supply the material renders detention order illegal and unsustainable”, Justice Dhar said.
The court also quashed the detention order of Parvaiz Ahamd Khoja of Kupwara who was detained on 22.2.2020 by DM Kupwara citing that the detaining authority has exhibited lack of application of mind while issuing the order of detention. Detention of Asif Ashraf Malik of Shopian has also been quashed by the court citing that impugned detention do not bear any reference to the fact that second detention had been quashed by the court earlier.
Justice V C Koul quashed the detention orders of Naaz Mohammad Allaie of Budgam, Rameez Ahmad Dar of Pulwama, Yasir Mukhtar Allie of Shopian, Faizan Lateef Parra of Baramulla, Omer Akbar Mir of Baramulla, Tawseef Mohammad Najar of Baramulla and directed their release provided they are not required in any other case.
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