Excelsior Correspondent
Srinagar, Nov 2: High Court has quashed two detention orders under Public Safety Act as the detenues have not been informed for making representation against the detention before the competent authority and directed their release from the custody.
Justice Sanjay Dhar while dealing with the petition of detenue Latief Ahmad Rather said that the authorities by not informing the petitioner-Rather about his right to make a representation to the detaining authority against the impugned order of detention rendered the order of detention invalid.
Court said authorities are guilty of committing infraction of a Constitutional right guaranteed to the petitioner-Rather under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act as such held the impugned order of as unsustainable in the eyes of law.
“Viewed thus, the petition is allowed and the impugned order of detention bearing No.DMB/PSA/01 of 2020 dated 27.01.2020, issued District Magistrate, Budgam,is quashed. The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case”, Justice Dhar directed.
In detenue-Gulzar Bhat’s case, court said there has been non-application of mind on part of the detaining authority while passing the detention order as the grounds of detention and the dossier of police reveal the same language.
Detenue-Bhatof Warpora Budgam was placed under detention on February 2020 by District Magistrate, Budgam lodged in Kotbhalwal Jail, Jammu. Court was informed during the course of hearing that the detenue was already in custody in connection with case FIR No.61/2019 for offence under Section 10, 11, 13 ULAP Act registered with Police Station, Budgam, and there were no compelling reasons for the Detaining Authority to make the impugned detention order and that the Detaining Authority has not spelt out the compelling reasons for detaining the detenue under preventive detention laws and that there has been non-application of mind on the part of the Detaining Authority as the grounds of detention are more or less a Xerox copy of the dossier.
“…in the instant case, it is clear from the record that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the Detaining Authority. The impugned order of detention is, therefore, unsustainable in law on this ground also. For the afore-stated reasons, the petition is allowed and the impugned order of detention is. quashed”, Court recorded.
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