Excelsior Correspondent
SRINAGAR, Sept 19: Observing that omission to inform the detainee about his right to make a representation against detention order renders the same unsustainable in law, High Court quashed two detention orders passed under Public Safety Act and upheld the one.
Justice Sanjay Dhar while quashing PSAs of detenu-Ghazi Ahmad Bhat and Adil Fayaz Lone both residents of District Shopian said that it was incumbent upon the detaining authority to inform the detenues about their right to make a representation against the order of detention.
“Omission of the detaining authority in this regard renders the impugned order of detention unsustainable in law”, the court said while quashing detention orders passed by District Magistrate Shopian on 27 October 2022 against Ghazi Ahmad Bhat and Adil Fayaz Lone on 28 November 2022.
“It needs no emphasis that 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,” read the judgment.
Court said the failure on the part of detaining authority to supply the material to the detenue renders the detention order illegal and unsustainable in law. Subsequent to the quashing of the detention orders, the Court directed the release of both the detenues provided they are not required in any other case.
The court has upheld the PSA of one Mubashir Majeed Dar of district Budgam. In the grounds of detention it has been indicated that Dar has remained in touch with an active militant of LeT outfit, Mohd Yousuf Dar alias Kantroo for motivating youth of district Budgam in connection with anti-national activities. “Therefore, it cannot be stated that the grounds of detention are vague or the same are lacking in material particulars”.
“Even otherwise, the respondent-detaining authorities are well within their jurisdiction to revoke the earlier detention order and thereafter pass a fresh detention order if the circumstances warrant so. The ground urged by the petitioner in this regard is, therefore, without any merit,” read judgment.
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