Excelsior Correspondent
SRINAGAR, Dec 4: High Court has quashed the detention order to three detenues passed under Public Safety Act (PSA) and directed their release from preventive custody.
Justice Sanjeev Kumar while hearing the petition of detenue-Rizwan Ahmad Wani said the submissions made by counsel for the petitioner-Wani have substance. Court said the petitioner-Wani and his associate namely Rayees Ahmad Chopan were apprehended by the police in view of their involvement in FIR No.52/2020 registered in P/S Tral, and the subversive activities indulged in by both of them in association with each other to the serious prejudice of the security of the State.
Justice Kumar said that the court vide judgment dated 25.08.2021 has already held the detention of Rayees Ahmad Chopan not sustainable in law and has, thus, quashed it. “On the analogy of the judgment and by parity of reasoning, this petition too is allowed and the detention of the petitioner, ordered by District Magistrate, Pulwama vide order impugned in this petition, is set aside. Respondents are directed to release the petitioner herein/detenue from his preventive custody forthwith”, court concluded
The court of Justice Javed Iqbal Wani while dealing with the petition of detenu-Asif Ali Dar and after perusing his detention order recorded that the same has been passed on the basis of dossier placed before detaining authority-District Magistrat by Senior Superintendent of Police, Pulwama. “So, it is on the basis of dossier and other connected material/documents that impugned detention order has been passed by detaining authority. Grounds of detention, when looked into, give reference of one FIR to have been registered against detenu”, Justice Iqbal said.
Court allowed the petition and quashed the detention of Dar with the direction to the authorities to release him from the preventive custody unless he is required in any other case.
Dealing with the case of detenu-Junaid Ahamd Dar, Justice Iqbal said the reply filed by respondents does not make a whisper as to furnishing of copies of FIRs, copies of statement of witnesses recorded during investigation, copy of dossier and other connected material collected during the course of investigation, to the detenu to enable him to make an effective representation against the detention order.
“It needs no emphasis, that detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22(5) of the Constitution of India and Section 13 of the Jammu & Kashmir Public Safety Act, 1978, unless and until the material on which detention order is based, is supplied to him”, Court recorded.
On this assumption the court allowed the petition and quashed the detention of Junaid Dar with the direction to the authorities to release him from the preventive custody.
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