HC quashes detention of minor, 3 ors

The Jammu and Kashmir High court has quashed detention of four detainees including a 16 year old minor who were booked under Public Safety Act.
HC quashes detention of minor, 3 ors
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The Jammu and Kashmir High court has quashed detention of four detainees including a 16 year old minor who were booked under Public Safety Act.   

A bench of Justice Ali Muhammad Magrey quashed PSA detention order against 16 year old Qazi Fayaz Ahmad son of Manzoor Ahmad Dar of Kundlan Shopian, who was booked on March 23, 2016. 

Qazi's counsel, Mir Shafaqat Hussain pleaded that the boy was denied an opportunity of making an effective representation against the detention order as he was not provided grounds of detention.

 Mir pleaded that Qazi 'already implicated' in some FIRs was facing trial and there was no compelling reason for the deputy commissioner Shopian to order his detention under PSA. 

On the other hand while defending the government, state counsel Asif Maqbool contended that the detention order was well founded in fact and law, seeking dismissal of Qazi's plea.

Observing that the grounds of detention were not duly communicated to the petitioner, the court quashed the detention of Qazi, directing the authorities to release him forthwith if he was not involved in any 'substantive offense.    

Meanwhile, bench of Justice Muzaffar Hussain Attar quashed PSA detention of Waqar Ahmad Moharkhan of Baghwanpora Lal Bazar here  after hearing his counsel Mir Shafaqat Hussain.

 The court observed that the detention order issued by Deputy Commissioner Srinagar is illegal on various points including depriving Waqar to make effective representation against his detention order.  

"Order of detention has been passed on January 29 and in reply affidavit it's stated that it has been issued on January 21," the court said, terming the ground as vague. 

Underscoring that reliance has been placed on FIRs of the year 2011 and 2015 and no ground worth consideration has been referred to in the detention which would warrant for taking action under PSA, the court ordered Waqar's release from preventive detention forthwith.         

The court also quashed PSA detention of 24 year old Wahid Ahmad Bhat of Qauzipora Handwara. Bhat was not provided the material to allow him make an effective representation.  

The Court quashed at pre-execution stage   PSA detention of Fayaz Ahmad Dar who was ordered to be lodged in district jail Udhampur.

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