Excelsior Correspondent
SRINAGAR, May 22: High Court has quashed the detention order of OGW with the direction to release him for not forwarding his representation against the PSA to the Advisory Board.
Justice Rahul Bharti while quashing the PSA of an OGW-Mohammad Yaqoob Bhat, said a singular flaw in the PSA slapped against the detenu is that when the written representation against his preventive detention came to be made thereby seeking revocation of his preventive detention order then why the detaining authority-District Magistrate concerned kept the same with him without forwarding it to the Advisory Board.
“Written representation had duly landed in the hands of not only the District Magistrate, Baramulla but also on the desk of the Home Department, Government of Union Territory of Jammu & Kashmir, then why said written representation was kept withheld from being forwarded to the Advisory Board”, read the judgment.
The court further added that the authorities did not bother to reply in the counter affidavit, more particularly when the petitioner-Bhat in his writ petition has come forward with a specific averment that his written representation was left unattended and unconsidered even by the Advisory Board.
Justice Bharti while taking note of casual approach of District Magistrate, Baramulla in dealing with the case in hand said he did not act fairly at his end as the detenue came to be provided five leaves of dossier but was deprived of the supplementary dossier submitted by the Senior Superintendent of Police (SSP), Baramulla. “Had this supplementary dossier been supplied to the petitioner, then the number of leaves of the dossier would have been seven (07) and not five (05)”, read the judgment
The court said as such the preventive detention dated March 29, 2024 passed by the District Magistrate, Baramulla read with approval/confirmation/ extension order(s) passed by the Home Department, Government of Union Territory of Jammu & Kashmir with respect to the petitioner are hereby set aside.
The court directed to restore, without loss of any further time, to his personal liberty by his immediate release from the concerned Jail.
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