Excelsior Correspondent
Srinagar, July 28: High Court quashed three detention orders under the Public Safety Act and directed the jail authorities to release the detenues.
District Magistrate, Shopian by an order no.33/ DMS / PSA/2019 dated 10.08.2019, had placed one Abid Ahmad Shah of Bala Nowpora, District Shopian under preventive detention to prevent him from acting in any manner prejudicial to the security of the State.
“For the foregoing reasons, this petition is disposed of and the detention Order is quashed. Respondents, including Jail Superintendent concerned, are directed to release the detenu forthwith, provided he is not required in any other case. Disposed of”, Justice Tashi Rabstan directed.
Grounds of detention, when looked into by the court, give reference of three FIRs, alleged to have been registered against the detenu-Shah for which detaining authority issued detention order. Court said the record of detention, does not indicate that copies of statements recorded under Section 161 Cr.P.C. in the FIRs and other material collected in connection with investigation of aforesaid cases, was ever supplied to detenu.
Observing that even copy of dossier has not been furnished to detenu on the basis whereof impugned detention order has been issued, justice Tashi while quashing the detention on this ground said that detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act, 1978, unless and until the material on which detention order is based, is supplied to him.
Justice Sanjeev Kumar quashed the detention of one Umar Yousaf Bhat who was detained by District Magistrate Pulwama on November 2020 under Public Safety Act in order to prevent him from acting in any manner prejudicial to the maintenance of public order and directed the authorities to release him from the preventive custody.
Justice Kumar after perusal of the detention record produced by the Government counsel, said that at the time of execution of the detention order, the deteue was furnished five leaves, detention order and grounds of detention, but copy of FIR and record of the proceedings taken against the detenue under Section 107/151 Cr.P.C. was not served upon the detenue and, therefore, the detenue is right in saying that he was deprived of his constitutional right to make effective representation against his detention.
Dealing with the case of another detenu-Sheeraz Ahmad Sheikh of Batamuran Wanpora, Shopian who was detained in August 2019, Justice Kumar said the impugned detention order is not sustainable on more than one ground.
The detenue in his petition has specifically claimed that in the only FIR registered against him i.e. FIR No.25/2019, he was bailed out by the Court of competent jurisdiction on 02.8.2019. “The Detaining Authority in the grounds of detention has specifically mentioned that the detenue, on 08.08.2019, was in judicial custody but there was every likelihood of his being admitted to bail. This speaks volume about non-application of mind by the Detaining Authority”, reads the judgment.
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