Excelsior Correspondent
SRINAGAR, Dec 3: The High Court today quashed the detention order of one Parvaiz Ahmad Pala under Public Safety Act passed by District Magistrate Kulgam on August 7.
Justice Ali Mohammad Magrey while quashing the detention of Pala directed the authorities to release him from preventive custody forthwith. “In view of the settled position of law, the detention of the detenue is vitiated, the detenue having been also prevented from making an effective and purposeful representation against the order of detention. Therefore, on this count also, the detention order is liable to be quashed”, Court recorded.
Court said since the detenue has a right to file representation against the detention order before the concerned authorities and he could not make an effective representation as the material was not supplied to him as such the detention order on this ground is also vitiated.
Pala was detained under detention order no. 37/DMK/PSA/19 dated 7.8.2019 and the said detention order was challenged by his father on the ground that no compelling reason or circumstances were disclosed in the order or grounds of detention to take the detenue-Pala into preventive custody.
“That the detenue has not been provided the material basis of the detention order, to make an effective representation against the detention order,” the Court said adding with “the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order”, read one of the grounds in the petition.
Pala’s counsel informed the court that he is suffering from cancer and is under regular treatment of the doctors as depicted from the medical records which were annexed with the petition. It is further contended that the detenue’s further detention will not only lead to his death but also deprive his family members to serve him in these difficult days for which the detenue may live.
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