Excelsior Correspondent
JAMMU, Apr 23: High Court has quashed the preventive detention order passed by District Magistrate Jammu against Prabhakar Singh alias Shoki, son of Lakhan Singh of Kot and issued directions for his immediate release if not required in connection with any other case.
The District Magistrate Jammu vide Order No.10 dated November 4, 2020 placed the petitioner under prevention detention in order to prevent him from acting in any manner prejudicial to the maintenance to the public order.
However, the petitioner contended that the grounds of detention and the material in support thereof were not furnished to him thereby preventing him from making an effective representation against the impugned order of detention.
After hearing Senior Advocate Pranav Kohli with Advocate Arun Dev Singh for the petitioner and AAG Assem Sawhney for the respondents, Justice Sanjay Dhar observed, “while testing the legality of the preventive detention of a person, the court has to see whether the detention of the person has been ordered in accordance with the procedure established by law and whether in doing so the constitutional mandate and the statutory requirements have been followed”.
“In the instant case, the respondents have not adhered to the legal and constitutional safeguards, while passing the impugned detention order against the petitioner”, High Court said and accordingly the impugned order of detention was held unsustainable in law.
Accordingly, the same was quashed with the direction for release of detenue from preventive custody provided he is not required in connection with any other case.
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