Excelsior Correspondent
Srinagar, Mar 25: High Court has quashed two detention orders with the direction to the authorities to release them from preventive custody and upheld the one passed under Public Safety Act.
Justice Sanjay Dhar quashed the detention order of Irshad Ahmad Ganaie of Pulwama who was detained under PSA in 2021 by District Magistrate Pulwama and was lodged in Central Jail Kotebhalwal Jammu.
He challenged the order of his detention saying that Constitutional and statutory procedural safeguards have not been complied with while passing the detention order.
The court after hearing the parties and perusal of the execution report said that the detenue has been supplied 04 leaves comprising notice of detention (one leaf) grounds of detention (02 leaves) and detention order (one leaf) which reveal that the detenue has not been provided the copy of dossier and the copy of the FIR No. 40/2021 for the offences u/s 147, 148, 149, 341 and 307 IPC of P/S Pampore, which form basis of the detention.
Court said that non-furnishing of relevant material forming basis of the grounds of detention deprives a detenue of his Constitutional right to make a representation against the order of detention and the denial of this Constitutional right renders the order of detention unsustainable in law.
“It will be an empty formality to supply the grounds of detention to the detenue unless he is in a position to understand the same ”, reads the judgment.
Justice M A Chowdhary quashed the detention order of Noor Din of Marheen Kathua. He was detained by District Magistrate Kuthua in 2021
His counsel pleaded that the detaining authority has not attributed any specific allegation against the detenue and he has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue.
“The failure on the part of the detaining authority to supply material renders detention illegal and unsustainable. This petition is allowed. Impugned order of detention is, as such, quashed. The detenue is ordered to be released from the preventive custody forthwith provided he is not required in connection with any other case”, Justice Chowdhary directed.
The division bench of Justice Ali Mohammad Magrey and Justice Mohan Lal has upheld the judgment of writ court whereby the detention order of one Nazir Ahmad Wani of Kupwara passed by District Magistrate Kupwara was held to be lucid and logical.
The dismissal of petition filed by detenu-Wani against his detention by writ court was assailed in an appeal and his counsel submitted that the Writ Court, while passing the impugned Judgment, has not appreciated the legal position governing the subject in its true and correct perspective and in tune with the facts of the case.
Government counsel argued that the Writ Court has analysed each and every aspect of the matter in tune with the mandate of law governing the subject and passed the impugned judgment.
The DB after hearing the parties at length and going through the relevant detention records as made available by the Government Advocate recorded that the impugned Judgment passed by the Single Judge in the context of the facts and circumstances of the instant case is lucid and clear.
The Writ Court, DB said, has not only appreciated all the grounds urged by the detenue-Wani in the Writ Petition, but has also rendered clear and accurate findings with regard to each and every ground pressed into service by the detenu in tune with the mandate of law governing the subject.
“After going through the relevant records, it can be safely said that the impugned Judgment has taken care of all the aspects of the matter in detail and that no such ground/ material has been placed before us in this appeal so as to reverse the findings returned by the learned Single Judge and take a view contrary to the one taken in the impugned Judgment. In that view of the matter, we find no merit in this appeal which is, accordingly, dismissed”, DB concluded.
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