Excelsior Correspondent
Srinagar, May 19: High Court quashed the detention order under Public Safety Act of a person citing that the detenue has not been provided the same on time in order to make representation and directed for his immediate release from the preventive custody.
Through the medium of instant petition detenu-Mohammad Rafiq Mir of Khrew Pulwama has sought quashing of detention order bearing No. 16/DMP/PSA/20 dated 13.07.2020 passed by District Magistrate Pulwam and also sought release of compensation of Rs. 10 lakh for his illegal detention in his favour.
Justice Javed Iqbal Wani while quashing the detention of detenu-Mir said the other grounds urged in the petition need not to be dealt with and essentially pale into insignificance. allowed the petition by quashing the order of detention bearing No. 16/DMP/PSA/20 dated 13.07.2020, with the direction the respondents to release the detenu forthwith from preventive custody, unless the detenu is required in any other case.
The impugned order was challenged on the grounds including that detenu was already in custody in case FIR No. 03/2020 and the detaining authority despite having the knowledge of the said fact detained the detenue without spelling out any compelling reason thereof in the grounds of detention.
It was further urged on the grounds that the detenu had not been provided with copies of the relevant material like copy of dossier, copy of FIR, Statements under Section 161, 164-A Cr. PC, referred to in the grounds thus depriving him to file an effective representation against his detention.
Justice Wani while dealing with the first contention and ground of challenge urged by the detenu-Mir qua non-recording of compelling reasons for detaining the detenu when he was already in custody held the impugned order, does not sustain in law on this count alone.
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