HC quashes 2 PSA detentions

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Srinagar, July 25: The High Court of J&K and Ladakh Tuesday quashed the detention of two persons who were booked under the Public Safety Act ( PSA).

Quashing their detention orders, a bench of Justice M A Chowdhary directed the authorities to release Fahim Ahmad Check of Nowgam Shopian and Mushtaq Ahmad Bhat of Naikpora Seeloo Sopore from preventive custody forthwith, if not required in other cases. 

While Check was booked under PSA after District Magistrate Shopian passed an order in this regard on April 9 last year, Bhat was taken into preventive custody by virtue of an order issued by District Magistrate Baramulla on February 27, 2020.

“It needs no emphasis that the detenue cannot be expected to make a meaningful exercise of his constitutional and statutory rights guaranteed under Article 22(5) of the Constitution of India to make representation against his detention, unless and until the material on which the detention is based, is supplied to the detenue,” the court said while quashing detention order against Check.  

Meanwhile, the court dismissed a petition by Fayaz Ahmad Kumar of Khanpora Baramulla, who was seeking to quash an order under PSA passed by District Magistrate Jammu against him on October 18, 2021.

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