Excelsior Correspondent
Srinagar, May 20: High Court quashed the detention of Muslim League chairman Masrat Alam Bhat and directed the authorities to release the detenue from preventive detention in case he is not required in any other case.
Justice Rashid Ali Dar said that in view of facts of the case and the law laid down by the Supreme Court the detention order does not sustain in the referred grounds as such the same is quashed.
The order of detention was passed against Alam by the District Magistrate, Baramulla. Court recorded in the judgment that the Constitution of India under Article 22(5) and Section 13, J&K Public Safety Act 1978, guarantees two important safeguards to the detenue- first that the detenue is informed of grounds of detention that prompted the detaining authority to pass the detention order and second that the detenue is allowed to represent against his/her detention immediately after the detention order is made or executed.
Court further added that the Constitutional and Statutory safeguards guaranteed to the detenue are to be meaningful only if the detenue is handed over the material referred to in the grounds of detention that lead to subjective satisfaction that the preventive detention of detenue is necessary to prevent him from acting in any manner prejudicial to the security of the State of public order and further it is ensured that the grounds of detention are not vague, sketchy and ambiguous so as to keep the detenue guessing about what really weighed with the detaining authority to make the order.
Court said that not having been done in regard to the ground, the petitioner’s detention cannot be held to be in accordance with the procedure established by law within the meaning of Article 21.
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