Excelsior Correspondent
SRINAGAR, Dec 17: The Division Bench of High Court today set aside the Single Judge’s judgment upholding the detention of a detenu under Public Safety Act and termed the detention order illegal and directed the detenu be set free from preventive custody if not required in any other case.
The appeal was preferred by detenu Suhail Ahmad Wagay against the judgment passed on May 2019 by Single Judge in which petition of Wagay seeking quashing of detention was dismissed.
The Division Bench of Justice Sanjeev Kumar and Justice Rajnesh Oswal after brief arguments by both the parties said the order of detention is not sustainable as such was quashed. “The appellant-Wagay be set free from preventive detention, if he is not required in any other case”, DB directed.
The detenu was arrested by police on December 2018 and thereafter detention was slapped on him by District Magistrate Pulwama on January 2019 and was shifted to Kotbhalwal Jail Jammu.
The DB while setting aside the Single Judge judgment and quashing the detention order said that the procedural requirements are the only safeguards available to the detenu since the court cannot go behind the subjective satisfaction of the detaining authority.
Court said the procedural requirements are required to be strictly complied with if any value is to be attached to the liberty of the subject (detenu) and the constitutional rights guaranteed to him in that regard.
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