Excelsior Correspondent
SRINAGAR, Nov 3: High Court today quashed two detention orders passed under Public Safety Act and directed their release.
Justice Ali Mohammad Magrey disposed of the two petitions challenging therein the detention orders passed by the detaining authority against the detenues Mohammad Illiyas Sheikh and Mehraj-uddin Ganaie of Qaimoh Kulgam and Batmaloo Srinagar respectively.
The detenues were detained by the District Magistrates of Kulgam and Srinagar on 19.4.2021 and 22.2.2021 citing that their activities were highly prejudicial to the security of the State.
In detenue-Sheikh’s plea court said the grounds of detention were not duly communicated to him, which prevented him from making an effective representation against the same and thereby he was deprived of an important constitutional right.
It is also projected that the detaining authority did not apply his mind while passing the detention order and has not revealed as to on what materials he assumed subjective satisfaction regarding necessity of having the subject detained when the detenu was already facing trial in various FIRs.
That being so the grounds of challenge set up by petitioner-Sheikh, court added, succeed and the detention stands vitiated. Other grounds urged do not therefore, need to be separately addressed. “Registrar Judicial to send a copy of this Judgment/order to Director General of Prisons and also concerned Jail authorities for compliance”, Court directed.
In so far as dealing with the case of detenue-Ganaie court said the communication of the grounds of detention is concerned, perusal of file reveals, that there is nothing to show or suggest that the grounds of detention couched in English language were explained to the detenu in a language understood by him, as there is no material to that effect on record.
As the court said that the detenu was not supplied the materials relied upon by the detaining authority and held the detention of the detenu as vitiated on this ground alone and quashed the same with the direction to release the detenue from preventive custody.
“Registrar Judicial to send a copy of this order to Director General of Prisons and also concerned Jail authorities for compliance. Registry to return the detention record to Mr. B.A Dar, Sr. AAG”, Court directed.
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