Excelsior Correspondent
JAMMU, Sept 3: High Court, while deciding two habeas corpus petitions, has quashed the orders of detention under Public Safety Act (PSA) passed by District Magistrates of Baramulla and Pulwama with the direction to release the detenues namely Mubashir Ishrat and Irshad Ahmad Bhat.
“The detenue Mubashir Ishrat could not have been detained after taking recourse to the provisions of the Public Safety Act, when he was already in the custody of the police authorities. Therefore, in view of the facts of the case and the law laid down by the Apex Court the order of detention, impugned, doesn’t sustain”, Justice Rashid Ali Dar said.
About Irshad Ahmed Bhat, Justice Rashid Ali Dar observed, “the detenue is an illiterate person and it is absolutely necessary that when we are dealing with a detenue who cannot read or understand English language or any language at all that the grounds of detention should be explained to him as early as possible in the language he understands so that he can avail himself of the statutory right of making a representation”.
“To hand over to him the document written in English and to obtain his thumb impression on it in token of his having received the same does not comply with the requirements of the law which gives a very valuable right to the detenue to make a representation which right is frustrated by handling over to him the grounds of detention in an alien language”, High Court observed.
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