Excelsior Correspondent
Srinagar, Aug 10: High Court quashed five detention orders passed under Public Safety Act and directed the jail authorities to release them from preventive custody.
Court quashed detention of Shahzaib Yaseen Wani of Srinagar, Mehraj Ahmad Dar of Pulwama, Suhail Ahmad of Pulwama, Shahidul Islam Mir of Ganderbal and Hilal Ahmad Khuroo of Srinagar.
They were detained on 9.10.2021, 12.07.2021, 18.10.2021, 18.10.2021 and 17.03.2022 by the respective District Magistrates in order to prevent them from acting in any manner prejudicial to the maintenance of public order.
Court considered that the impugned order of detention does not sustain in the eye of law as the representation made on his behalf by his father has not been considered by the government, to which the court said that right of the detenue to make a representation and to have the same considered by the competent authority is a fundamental right guaranteed to a person under Constitution and the infraction of such a right renders the detention illegal and unconstitutional.
Court said the grounds, being vague and lacking in material particulars, as such, the detenue could not have made an effective representation against his detention, on the basis of these vague allegations as such the detention order, is illegal and unsustainable.
Court added that a copy of the police dossier has not at all been supplied to the detenue and in the grounds of detention it is mentioned that presently the detenu is on bail. Neither, the particulars of the case in which the detenu has been granted bail nor any material in this regard appears to have been furnished to the detenu.
Court said that nothing from the authorities has been brought on record to indicate that the copy of the police dossier has been furnished to the detenue. Rather the record produced by the respondents corroborates the fact that whole of the material relied upon by the detaining authority and transmitted to him by the concerned sponsoring agency has not been furnished to the detenue.
“It was incumbent upon the detaining authority to furnish to the petitioner copies of the FIRs, reference whereof has been made in the grounds of detention, as also the statements of witnesses recorded during investigation of those case” court said adding with “The respondents were also duty bound to provide to petitioner the material as regards the proceedings under Section 107 and 151 of the Cr. P. C of Police Station, Parimpora, reference whereof is made in the grounds of detention”.
“Viewed thus, these petitions are allowed and the impugned orders of detention are quashed. The detenues are directed to be released from the preventive custody forthwith provided they are not required in connection with any other case”, Court concluded.
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