Excelsior Correspondent
Srinagar, Jan 7: High Court has quashed two detention orders passed under Public Safety Act (PSA) on the ground that the authorities have failed to decide the representation of detenues made against their detention.
Justice Tashi Rabstan quashed the two detention orders with the direction to the authorities to release them from the preventive custody in case they are not required in any other case.
It has been specifically averred before the court that two representations were submitted by the detenue against the impugned detention order before the Chairman, State Advisory Board, but till date the same have not been decided.
The District Magistrate, Samba in his objections has also admitted that the petitioner-detenu had made representations before the concerned quarters.
“Section 13 of the J&K Public Safety Act, 1978, guarantees safeguard to detenu to be afforded the earliest opportunity of making representation against the order of detention. Since Chairman, State Advisory Board has failed to decide the representation of petitioner-detenu for the last five months, as such the same renders the detention of petitioner illegal”, Justice Tashi said and quashed the detention order of the detenue with the direction to release him from the preventive custody.
Dealing with other detention order court said that the copy of detention warrant, grounds of detention, notice of detention, copy of dossier etc. were not provided to the petitioner-detenu nor it has been borne out from the photocopies of record that whether these material was read over and explained to detenu in the language which he understands and whether in token of which his signatures had been obtained.
“It seems the detention order was made without proper application of mind. The Apex Court time and again has held that individual liberty guaranteed by the Constitution cannot be taken away without proper application of mind. Since the detention order has been passed in a mechanical manner, as such the present case is nothing but an abuse to Public Safety Act”, Justice Tashi recorded in the judgment.
Court has also expressed its anguish on lodging the detenue who has been shown to be a highly qualified person, in Kotbhalwal Jail, where the court said, hard core criminals and convicted persons are detained.
“Without saying anything more, I deem it proper to allow the habeas corpus petition and quash Order No.02-PSA-2021 dated 17.07.2021 as well as Communication No.DMU/JC/1153 dated 17.07.2021 issued by the District Magistrate, Udhampur,”, Justice Tashi concluded.
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