Excelsior Correspondent
SRINAGAR, Oct 13: Observing that the detaining authority has failed to explain the grounds of detention to the detenues, High Court has quashed the detention order and directed the Director General Prisons to release them from preventive custody.
Justice Ali Mohammad Magrey held the detention order passed by the District Magistrate Baramulla against the detenue Tawheed Ahmad Lone of Rafiabad Baramulla as vitiated and allowed his petition seeking quashing of his detention with direction to release him forthwith.
Detenue-Lone was detained under Public Safety Act on 31.12.2019 with a view to prevent him from activities prejudicial to the security of the state. His Counsel-Syed Musaib submitted before the court that the detenue is never involved in any illegal activity and the allegations leveled against him in the grounds of detention are baseless.
Government counsel while resisting the petition of detenue -Lone stated that his activities were prejudicial to the security of the State, as such his detention was necessary to prevent him from indulging in such acts, which was also approved by the Government and the State Advisory Board constituted u/s 14 of P.S. Act.
During the course of his submissions the Government counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law.
“Since the Detaining Authority has failed to explain the grounds to detenue in the language which he understands and not mentioning in the detention order about his right to make representation constitute an infraction of a valuable constitutional right guaranteed under Article 22(5) of the Constitution of India as also of the right under Section 13 of the Jammu and Kashmir P.S Act, 1978, which renders the detention order as invalid and deserves to be quashed”, reads the judgment.
Court directed the Registrar Judicial to send a copy of the judgment to the Director General of Prisons and also concerned Jail authorities for compliance.
On Examining the case of detenu, Adil Yasin Mir Arihal, Tehsil Pulwama, District Pulwama on the touchstone of the settled position of law and perusal of record, Justice Magrey said, the detenu was not supplied the materials relied upon by the detaining authority.
He was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention. “On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention and quashed the impugned detention with the direction to release him from preventive custody forthwith”, Court directed.
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