HC quashes Noor Muhammad Kalwal’s PSA detention
The J&K High Court has quashed PSA detention of JKLF leader Noor Muhammad Kalwal and has directed the government to release him immediately from preventive custody.
A bench of Justice Ali Muhammad Magrey quashed detention order (DMS/PSA/42/2016) under which Kalwal was booked by Deputy Commissioner Srinagar on September 17 this year.
While passing the detention order Deputy Commissioner besides other grounds had stated that there was no change in his ( Kalwal's) ideas being an "incorrigible secessionist who have figured adversely in police records since long and till date have not mend his ways and activities."
"You are known for your past activities which can be inferred from the fact that for your release in year 1989 Dr Rubiya Syed was kidnapped by the militants of the JKLF outfit".
Kalwal's wife had approached the court through Advocate Mir Shafaqat Hussain pleading that the material relied upon by the detaining authority was not supplied to the detainee so that he could make an effective representation against it .
Shafaqat submitted that the grounds taken in the detention order and the material referred to and relied upon by the authorities have no relevance as Kalwal was already in custody, when the detaining authority has passed the detention order.
"In absence of material, the detention order is passed on mere ipse dixit (an assertion made but not proved) of detaining authority, therefore, the order is bad in law," he pleaded.
Observing that the only precious and valuable right guaranteed to a detainee is of making an effective representation against the order of detention, the court said: "Such an effective representation can only be made by a detainee when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority for arriving at the requisite subjective satisfaction to pass the detention order".
Quashing the detention order under PSA against Kalwal, the Court held that the detainee was not supplied the materials relied upon by the detaining authority.