Excelsior Correspondent
SRINAGAR, Sept 10: High Court today quashed the detention orders of detenues under Public Safety Act and directed the Jail authorities to release them.
The detenu-Bilal Ahmad Khan of District Shopian was detained under Public Safety Act on August 10, 2019 by the District Magistrate Shopian with a view to prevent him from the activities prejudicial to the law and order. Detenu-Khan challenged the said detention on various grounds.
As per the dossier supplied by the police, the detenu-Khan is follower of Jamat-e-Islami ideology and started indulging in activities prejudicial to the security of the state. “He was indulged in stone pelting, therefore, taken into custody in case FIR no. 211/2018 u/s 307, 336, 353, 148, 149, 7/27 Arms Act, 39 ULA (P) Act registered at Police Station Shopian, which is under investigation”, Dossier reveals.
Justice Ali Mohammad Magrey after having heard both the parties and perused the record said, there is a substance in the submission of counsel for the detenu-Khan that there is non-application of mind on the part of detaining authority.
Court said, the only precious and valuable right guaranteed to a detenu is of making an effective representation against the order of detention. Such an effective representation can only be made by a detenu when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority for arriving at the requisite subjective satisfaction to pass the detention order.
Since the material, court added, is not supplied to the detenu, the right of the detenu to file such representation is impinged upon and the detention order is resultantly vitiated. “In view of the aforesaid position, this petition is allowed and the impugned order of detention 20/DMS/PSA/2019 dated 10.08.2019 is quashed. The Detenu is directed to be released from preventive custody forthwith. Registrar Judicial of this Court shall send copy of the judgment to Director Prisons and Jail Superintendent concerned for compliance of the order forthwith”, Justice Magrey directed.
Dealing with the case of Detenu- Ghulam Rasool Dar of Gangbugh, the court of Justice Tashi Rabstan directed his release from preventive custody.
He was detained under detention order (No. DMS/PSA/06/2020 dated 10.12.2020) of District Magistrate Srinagar. It was alleged that the detenu is deeply involved in illegal activities and has been found involved in number of crimes and accordingly number of FIRs have been lodged under various offences which were stated to be prejudicial to the maintenance of public order because continuously indulging in illegal activities, therefore, has invoked the provisions of J&K Public Safety Act as the normal law has been found not sufficient to restrained him from antisocial activities.
“A person of ordinary prudence would not be in a position to explain his stand in reply to the grounds of detention detailed by the detaining authority and the detenu has been kept guessing about the facts and events that weighed with detaining authority and prompted detaining authority to record subjective satisfaction regarding sufficiency of the material to warrant prevention detention of detenue”, Justice Tashi recorded adding with “It is well settled law that even where one of grounds, relied upon by Detaining Authority to order detention, is vague and ambiguous, Constitutional and Statutory right of detenu to make an effective representation against his detention are taken to have been violated”.
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