Excelsior Correspondent
SRINAGAR, Oct 6: High Court today quashed the detention of a detenue under Public Safety Act and directed the authorities to release him from preventive custody.
Justice Sanjay Dhar allowed the petition of detenue-Nissar Ahmad Qazi seeking quashing of his detention order passed by the District Magistrate Pulwama with a view to prevent him from acting in any manner prejudicial to the security of the State. The order passed by the detaining authority (DMP) in exercise of powers conferred to him under Section 8 of the J&K Public Safety Act, 1978.
“The impugned order of detention is quashed. Direction is issued to the respondents to release the detenue from the preventive custody forthwith, provided he is not required in connection with any other case”, Justice Dhar directed.
Petitioner-Qazi has sought nullifying of the detention order on the ground that the same has been passed mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. He contended that the Constitutional and Statutory procedural safeguards have not been complied with while passing the detention order the material which formed the basis of the grounds of detention and the consequent order of detention has not been furnished to him.
Follow our WhatsApp channel