Excelsior Correspondent
Srinagar, Feb 4: High Court has quashed three detention orders passed under Public Safety Act and directed the authorities to release them.
The court has quashed detention orders of Waheed Ahmad Khanday of Langate, Jaffar Rasheed Dar of Yaripora and Saliq Parvaiz Bhat of Gagren with the direction to the jail authorities to release them from the preventive custody if not required in any other case.
They were detained on 19.10.2021, 30.10.2021 and 28.01.2022 by the District Magistrates of Kupwara, Kulgam and Shopian citing their detention had been passed in order to prevent them from acting in any manner prejudicial to the security of the State.
Court has observed that it is interesting to note that no FIR has been shown to have been registered against the petitioner-Khanday, at least the detention record depicts so and when this is the position, then where from 06 leaves comprising copies of FIR and statements of witnesses have been provided to the detenue-Khanday, is not forthcoming from the detention record.
“This clearly exhibits a casual and mechanical approach of the respondent-detaining authority, which casts doubts about the veracity of the execution report and receipt stated to have been signed by the petitioner”, reads the judgment.
Court came to the conclusion that the authorities have not adhered to the legal and Constitutional safeguards while passing the impugned detention order against the petitioner.
While dealing with the case of detenu-Dar and detenue-Bhat court said, the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue and the failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable.
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