Excelsior Correspondent
Srinagar, June 4: High Court today quashed two detention orders passed under Public Safety Act and directed release of the detenues from the preventive custody.
The court of Vinod Chatterji Koul quashed the detention orders of Mohammad Maqbool Dar of Awantipora Pulwama and Nazir Ahmad Khan of Narbal Budgam passed on 12.9.2020 and 21.1.2020 by District Magistrates of Pulwama and Budgam respectively in order to prevent them from acting in any manner prejudicial to the security of the State.
The main ground taken by the detenues, in their petitions was that they were not in a position to make an effective and meaningful representation either to the detaining authority or to the Government against their detention because they were not provided the material by the detaining authority which is violation of provisions of Article 22 (5) of the Constitution of India and in absence of such material were prevented from making an effective representation.
“To evaluate the submissions made by counsels for parties vis-à-vis furnishing of material to detenu that has been relied upon by detaining authority while issuing impugned detention orders. Detention record contains, amongst others, Execution Report, which reveals that only four leaves have been furnished to detenues” court said, adding “it does not show or suggest that detenues have been furnished copy of dossier, copies of FIR and other relevant material relied upon by detaining authority while issuing impugned detention order”.
“Based on these facts, these petitions are disposed of and Detentions are quashed. As a corollary, respondents are directed to set the detenues at liberty forthwith provided they are not required in any other case”, Court directed.
Follow our WhatsApp channel