Srinagar, Sep 27: The High Court of J&K and Ladakh has ordered release of two persons while quashing their detention under Public Safety Act (PSA).
Allowing their separate habeas corpus petitions, a Bench of Justice Sanjay Dhar directed the authorities to release forthwith from preventive custody Javaid Ahmad Teli of Heff Zainapora, Shopian and Sajad Ahmad Khan of Mohalla Jami District Baramulla, if they were not required in other cases.
While Teli was booked in terms of an order dated “14 .07.2019, issued by the District Magistrate, Shopian, Khan was detained by virtue of an order dated 09.04.2022, issued by District Magistrate, Baramulla. “
“……… the failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law,” the court said while quashing the detention order of Teli.
Similarly, in the case of Khan, the Court recorded that the allegations made in the grounds of detention were vague.
“On the basis of such vague allegations, the detenue could not have made an effective representation against his detention. Therefore, his right guaranteed under Article 22 (5) of Constitution of India stands violated in the instant case, rendering his detention illegal and unsustainable in law.”