Excelsior Correspondent
SRINAGAR, Sept 30: High Court today quashed the detention orders of two youth under Public Safety Act and directed the authorities to release them from preventive custody.
Justice Ali Mohammad Magrey quashed the detention orders of Mohammad Asif Raina of Arreh Kulgam and Mohammad Mubarak Dar of Redwani Kulgam. The detention orders under PSA were passed against both the detenues by District Magistrate Kulgam on 22.7.2019 and 25.2.2020 respectively.
In detenue-Raina’s case, Justice Magrey said there is nothing to show or suggest that the grounds of detention couched in English language were explained to the detenu in a language understood by him, as there is no material to that effect on record.
Examining the case of detenu-Raina on the touchstone of the of law and perusal of record, Justice Magrey said, the detenu was not supplied the materials relied upon by the detaining authority and was provided material in the shape of grounds of detention only with no other material and documents, as referred to in the order of detention.
“On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention. Accordingly, the detention order No. 32/DMK/PSA/2019 dated 22.07.2019 is quashed and the detenu, Mohd Asif Raina is directed to be released from preventive custody forthwith. Registrar Judicial to send a copy of this order to Director General of Prisons and also concerned Jail authorities for compliance”, Court directed.
In detenu-Dar’s case, Justice Magrey said the admission on the part of the respondents, makes it clear that the detenu was prevented from making an effective representation against his detention as he was not supplied the material relied upon by the respondents and has, as such, been deprived of an important constitutional right, and that the detaining authority did not apply its mind while passing the detention order.
“On these counts alone, in view of the 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”, court recorded.
With these recordings court allowed the petition of detenu-Dar by quashing his detention and directing the authorities to release him from the preventive custody forthwith.
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