Srinagar, July 14: High Court quashed the detention of a detenue, under Public Safety Act and directed his release from the preventive custody.
Justice Ali Mohammad Magrey quashed the detention order of District Magistrate Kupwara passed against the detenue, Waheed Ahmad Gojri of Rawalpora tehsil Kralgund, district Kupwara .
The Court while referring to the Supreme Court ruling said the order of detention vitiates, as not amounting to effect communication of grounds, and resultant deprivation of the right to make representation against the same.
Court on examining the present case on the touchstone of the settled position of law and perusal of record observed the detenue, was not supplied the materials relied upon by the detaining authority and was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention.
“On these counts alone, the detention of the detenue is vitiated, the detenue having been prevented from making an effective and purposeful representation against the order of detention and accordingly, the detention order No. 10-DMK/PSA of 2020 dated 08.10.2020 is quashed. Registrar Judicial to send a copy of this order to the Director General of Prisons and also concerned Jail authorities for compliance by the mode available”, Justice Magrey directed.
Counsel appearing for detenu submitted that the District Magistrate Kupwara has tried to cover up and also to make out a case for detaining the detenu by stating in the grounds of detention that the normal has not been found sufficient to stop the detenu from indulging in the activities which are prejudicial to public order.
Respondents appeared through their counsel in the matter and filed a counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Habeas Corpus Petition of detenu-Gojri.