Excelsior Correspondent
SRINAGAR, July 18: High Court today quashed four detention orders under Public Safety Act (PSA) and directed the jail authorities to release them from preventive custody.
Justice Sanjay Dhar quashed the detention order of Shabir Ahmad Ganie of Bijbehara Anantnag, Imtiyaz Ahmad Chikla of Srinagar, Bashir Ahmad Dar of Dar Mohalla Ganderbal and Masood Ahmad Shah of Srinagar.
Court said that an order of preventive detention becomes unsustainable in law if the detenue has not been provided with all the material that has formed basis of his detention and the copies of the police dossier, the statements of the witnesses recorded during investigation of the FIRs have not been furnished to the detenue.
Court said that the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which detention order is based, is supplied to him. The failure on the part of detaining authority to supply the material renders detention order illegal and unsustainable in law.
“The statements and assertions made in the grounds of detention clearly shows that the same are vague and lacking in material particulars pertaining to the place(s), timing of incident to whom the petitioner-detenue is alleged to have provided the logistic support and shelter”, reads the judgment.
Court further recorded that the non-mentioning of this important fact that the grounds of detention do not bear any reference to the fact that the detenue had been admitted to bail in FIR No.97/2021 in terms of order dated 15.05.2021 passed by Judicial Magistrate, in the grounds of detention exhibits non-application of mind on the part of the detaining authority.
“This shows that the detaining authority has not meticulously examined the record while passing the impugned order of detention which renders the same unsustainable in law”, Justice Dhar said.
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