Excelsior Correspondent
SRINAGAR, Mar 24: High Court today quashed the basic detention and its various extension orders of a detenue and directed the authorities to release him.
Detenue Dilbag Singh of Simbal Camp was detained by the District Magistrate, Jammu for his criminal activities order No.09/PSA of 2016 dated 15th July 2016, and thereafter the detention of Singh was extended vide orders bearing Government Order No. Home/PB/V/1579 of 2016 dated 14th October 2016 and No. Home/PB/V/179 of 2017 dated 14th January 2017.
The Court of Justice Tashi Rabstan quashed the detention order along with its extension orders and directed the authorities to release him from the custody.
Keeping in view of all aspects of the case and in reference of Apex Court rulings and the law, High Court has held that the mandatory provisions of law have not been complied with as respondents rejected petitioner’s representation. However, they did not convey information to petitioner as to decision taken by respondents rejecting his representation and they, in result, kept petitioner waiting for the result of representation.
The case set up by petitioner was that he has been falsely implicated in some cases, only to harass and humiliate him and a false and frivolous dossier has been submitted against him contending therein that petitioner would manage his bail from the court and again indulge in some criminal activities and recommended placing petitioner under preventive detention.
Quoting the Supreme Court observation on personal liberty guaranteed by Article 21 of the Constitution of India, which was won after long, arduous, historic struggles, Justice Rabstan observed, ” the Constitutional and Statutory safeguards guaranteed to the detenu are to be meaningful only if the detenu is handed over the material referred to in the grounds of detention that lead to subjective satisfaction that the preventive detention of detenu is necessary to prevent him from acting in any manner prejudicial to the security of the State or public order and further it is ensured that the grounds of detention are not vague, sketchy and ambiguous so as to keep the detenu guessing about what really weighed with the detaining authority to make the order”.
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