Excelsior Correspondent
Srinagar, Aug 30: High Court today quashed two detention orders and upheld the one passed under Public Safety Act (PSA).
Justice Sanjay Dhar quashed the PSAs of detenue-Sehran Muzaffar of Srinagar and Zahoor Ahmad Dar of Kulgam. Both the detenues were detained by the competent authority vide orders dated 30.08.2022 and 27.08.2022.
Justice Dhar has held the PSAs of both the detenues as illegal and unsustainable. Court said the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right, unless and until the material, on which the detention is based, is supplied to him. “The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law”, Court recorded in both the cases,” HC said.
The court has upheld the PSA of one Ghulam Mohammad Waza of district Bandipora. The detenue-Waza was detained February 23 this year. The grounds of detention reveals that on 20.04.2022, certain arms and ammunition were recovered from the co-accused Umer Shalla and after investigation of the case, involvement of the petitioner-Waza was also found.
Court added that there is no dispute that the petitioner-Waza was booked in a fresh FIR bearing No.67/2022. The challan produced in the said FIR refers to the exact role of him besides containing the other particulars. Therefore, it cannot be stated that there is any vagueness in the allegations made in the grounds of detention
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