Excelsior Correspondent
Srinagar, Jan 2: High Court quashed detention orders of five detenues citing that the requisite material while passing these detentions have not been provided to the detenues for making effective representation and directed their immediate release from the preventive custody.
Sanjeev Kumar while quashing the detention order of one Mukhtar Ahmad Bhat passed by District Magistrate Shopian recorded that this court has no option but to accept the plea of the detenu that he has not been provided the requisite material relied upon by the detaining authority and directed for his immediate release from the preventive custody if he is not required in any other case.
The counsel for the detenu, court added, is correct that in submitting that the valuable right of the detenu to make an effective representation has been jeopardized by not providing him the relevant material.
“In view of aforesaid, this court does not find it necessary to advert to other grounds of challenge urged by the petitioner in support of his plea seeking quashment of the detention”, court said adding with “the extreme power of placing an individual under preventive detention without trial is required to be exercised with full care and caution”.
Court added that it is to be in ensured that all safeguards, substantive or procedural as laid down in the preventive law are strictly adhered to and any deviation from such safeguards would vitiate the detention.
In case of detenu Amir Shafi Bhat whose detention was upheld by the single judge, the Division Bench of Justice Sanjeev Kumar and Justice Rajnesh Oswal set aside the single judge judgment and quashed the detention order passed by District Magistrate Pulwama citing the same is bad in the eyes of law and directed for release of the detenu-Bhat from the preventive custody.
In the case of detenu Ishfaq Ahmad Ganaie, the court of Justice Rajnesh Oswal while quashing the detention order passed by District Magistrate Pulwama under Public Safety Act said, the detenu was under custody on remand by the competent court of law but despite that the detention order was not executed during the time when the detenu was in custody and rather was executed after more than nine months.
“Thus there is delay in execution of the detention order as such the petition is allowed and the detention order is quashed and the detenu be set free from the preventive custody provided he is not required in any other case”, Justice Oswal directed.
In case of detenu Mudasir Reshi, Justice Puneet Gupta quashed the detention order of District Magistrate Baramulla and directed his release forthwith from the preventive custody. Court said the detenu as per the records has been handed over four leaves of detention warrant two leaves of grounds of detention while executing the detention order.
In case of detenu Irshad Ahmad Dar, the court of Justice Rajnesh Oswal quashed the detention order passed by District Magistrate Baramulla with the direction to authorities to release the detenue from the preventive custody.
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