Excelsior Correspondent
Srinagar, Nov 11: High Court today quashed the detention of a detenu under Public Safety Act and directed the jail authorities to release him from preventive custody forthwith.
Hearing the petition filed by one Rouf Ahmad Dar of Trenzo, Shopian, Justice Ali Mohammad Magrey quashed the detention under challenge and directed the jail authorities to release him from preventive custody forthwith.
Dar was put under Public Safety Act vide detention order No. 68/DMS/PSA/2020 dated 01.07.2020 passed by District Magistrate Shopian. “Registrar Judicial of this Court shall forthwith convey the order to District Magistrate Shopian and Jail Superintendent concerned for compliance of the order forthwith”, Justice Magrey said.
Examining the present case on the touchstone of the settled position of law and perusal of record, the Court said, the detenu was not supplied the materials relied upon by the detaining authority.
Court said, the detenu was provided material in the shape of grounds of detention with no other material and 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”, reads the judgment.
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