Excelsior Correspondent
JAMMU, Nov 17: High Court today decided three different habeas corpus petition and quashed the PSA of Waheed Ahmad Ganie, Muneeb-ul-Islam Malla and Nazir Ahmad Rather.
While quashing the PSA, Justice Mohammad Yaqoob Mir observed, “detenue will have a right to make representation to the Detaining Authority so long the order of detention has not been approved by the State Government and consequently non-communication of the fact to the detenue that he has a right to make representation to the Detaining Authority, would constitute an infraction of the valuable constitutional right guaranteed to the detenue under Article 22(5) of the Constitution and such failure would make the order of detention invalid”.
With these observations, High Court allowed the petition and quashed the PSA.
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