J&K High Court has quashed detention of a man from south Kashmir’s Pulwama district who was booked under Public Safety Act in August 2019.
A bench of Rajnesh Oswal quashed the detention order dated 06.08.2019 passed by district Magistrate Pulwama against Ashiq Ahmad Rather.
The court directed the government to release Rather from the preventive custody forthwith provided he was not required in any other case.
Citing law, the court held that the “procedural requirements are the only safeguards available to a detenue since the court is not expected to go behind the subjective satisfaction of the detaining authority”. “The procedural requirements are, therefore, to be strictly complied with, if any, value is to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard”.
The court pointed out that it is only after the petitioner is supplied all the material that he can make an effective representation to the Detaining Authority and also to the Government. “If the same is not done, he is deprived of his valuable constitutional right,” court said.
The court noted that failure on the part of the detaining authority to supply material relied upon by him, while passing the detention order renders it illegal.
The court held that the detaining authority has relied upon three FIRs while issuing the detention order and all these FIRs pertain to the year 2016 whereas the detention order was passed on 6 August 2019. “Thus there is delay of three years in passing the detention order,” it said.
The bench pointed out that the apex court in case in case titled Laxhman Khatik vs State of Bengal while considering the detention order under Maintenance Of Internal Security Act, 1971, has held that prompt action in such matter should be taken as soon as the incident like those which are referred to in the grounds have taken place.
“Thus, the delay of three years in passing the order of detention has snapped the link between the prejudicial activities and the purpose for which the detention order is passed,” it said.
The petitioner was represented by advocate Wajid Haseeb.