HC quashes PSA detention
Omits‘if not required in some other case’
Srinagar, June 16: The High Court has quashed the detention of a south Kashmir resident under Public Safety Act without mentioning, “if not required in some other case.”
“This is for the first time in past 20 years a PSA has been quashed without putting a condition if detainee is not required in any other case,” Mir Shafaqat Hussain, counsel of the detainee, Muhammad Saleem Wani, told Greater Kashmir on Wednesday.
The Court of Justice Hasnain Masoodi has directed the state government to release Wani, who was arrested from Kud on Srinagar-Jammu highway earlier this year, forthwith.
Following Wani’s arrest the District Magistarte Udhampur slapped PSA against him. The detainee through his counsel filed a petition in the High Court to get his detention order quashed.
“The detaining authority has not applied his mind while passing the order. It has also not provided enough material to the detainee for making effective representation before the court, which renders the detention illegal,” defence counsel argued.
He said the constitutional and statutory safeguards were meaningless unless and until the material was supplied to the detainee. “Government has slapped PSA against my client on mere suspicion,” he added.
After hearing submission from both sides Court quashed Wani’s detention.
Lastupdate on : Wed, 16 Jun 2010 21:30:00 Makkah time
Lastupdate on : Wed, 16 Jun 2010 18:30:00 GMT
Lastupdate on : Thu, 17 Jun 2010 00:00:00 IST
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