Excelsior Correspondent
SRINAGAR, Sept 17: High Court has quashed the detention orders passed under Public Safety Act and directed their release from custody.
Justice Vinod Chatterji Koul has quashed the PSA of Izhar ul Islam, of Batmaloo, Srinagar and Mubarak Ahmad Dar of District Kulgam. Both were detained vide detention orders dated 22.04.2024 and 25.10.2024 passed by District Magistrate Kulgam and Srinagar respectively.
Justice Koul in case of detenue-Izhar said the representation had been made by the detenue’s father, but there is no mention about filing of representation in their reply by respondents whereas detention record produced by them also substantiates the case of petitioner that his representation has not been produced before Advisory Board for consideration, which fact is evident from perusal of report of the Advisory Board.
“In such circumstances, the right guaranteed to petitioner under Article 22(5) of the Constitution has been violated and resultantly, impugned order of detention is vitiates and is liable to be quashed, as such”, the Court concluded.
In the case of detenue-Dar Court said, there is no cogent explanation coming to fore from perusal of the grounds of detention with reference to the live-link between the alleged prejudicial activities of 2019 and the purpose of the detention and resultantly the impugned detention order is liable to be quashed.
Follow our WhatsApp channel
