HC quashes PSA of 4, upholds that of drug peddler

Excelsior Correspondent
SRINAGAR, Dec 31: High Court today quashed four detention orders under Public Safety Act (PSA) and directed the authorities to release them immediately.
Justice Ali Mohammad Magrey while setting aside four detention order said the Detaining Authorities have failed to mention in these detention orders about the petitioners’ right to make representation constitute an infraction of a valuable constitutional right guaranteed under Article 22(5) of the Constitution of India as also of the right under Section 13 of the Jammu and Kashmir P.S Act, 1978, which renders the detention order as invalid and deserves to be quashed.
Court after examining these petitions on the touch stone of the settled position of law and perusal of record, said the detenues were not supplied the materials relied upon by the detaining authority. The detenues were 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, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention”, Justice Magrey recorded.
The detenues are Asif Ahmad Bhat son of Mohammad Amin Bhat resident of Tungdanoo, Yaripora District Kulgam, Mohammad Younis Dar son of Mohammad Sultan Dar resident of Arwah Malik Mohalla Beerwah, District Budgam, Bilal Ahmad Mir son of Farooq Ahmad Mir resident of Gadpora Tehsil Tral District Pulwama and Ishtiyaq Ahmad Ganie son of Mohammad Akram Ganie resident of Sopat Tehsil Devsar District Kulgam.
Court, however, upheld the detention order passed against Fida Hussain Bhat of Kulgam by Divisional Commissioner, Kashmir in exercise of the powers vested in him under Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Court before taking note of the grounds of challenge taken in the petition to assail the impugned order, said, the activities of the petitioner-detenu are involved in trade of narcotics and psychotropic substances, which have led him to preventive detention.

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