Excelsior Correspondent
Srinagar, Jan 29: High Court quashed two detention orders passed under Public Safety Act (PSA) against the detenues and directed their release from the preventive custody immediately if they are not required in any other case.
Justice Puneet Gupta quashed the detention of Waqar Younis Sheikh passed against him by District Magistrate Pulwama in June last year and directed his release.
Court said that it is apparent from the record that the detaining authority has relied upon mainly on the dossier provided by the Superintendent of Police to him. Court said there can be no escape for the detaining authority from providing the material to the detenu as such the non-compliance of the statutory requirement itself makes the detention order untenable in law.
While quashing the detention of Ajaz Ahmad Sheikh, Justice Gupta said that the non-supply of all important material which may be in the form of FIR or the statements of the witnesses or any other document not only keep the detenu unaware of the relevant on the basis of which the impugned order of detention was passed, it also effects the statutory right of the detenu to make effective and purposeful representation before the Advisory Board.
“The courts have deprecated the execution of the detention order in a manner which deprives the detenu from knowing the material relevant and the detention order is required to be quashed on this score alone”, reads the judgment.
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