After quashing his detention under Public Safety Act, Jammu and Kashmir High Court has directed the government to release General Secretary of Awami Action Committee, Ghulam Nabi Zaki, from preventive custody immediately.
A bench of Justice Muzaffar Hussain Attar ordered release of 75 year old Zaki after hearing his counsel, N A Ronga and the state government through its counsel.
After Police Station Sopore arrested him in an FIR, District Magistrate Baramulla had issued a detention order against Zaki on September 29 this year.
"The order of detention has been passed in breach of the mandate of law as declared by the Apex Court of India and J&K High Court and is unconstitutional, illegal and bad in law," Advocate Ronga pleaded.
He submitted that the detaining authority has not followed the constitutional and statutory procedural safeguards as provided under Article 22(5) of Constitution of India and Section 13 of PSA.
Observing that in the detention order, the detaining authority has stated that SSP Sopore through a communication on September 23, 2016 has produced material record such as dossier and other connecting documents, the court said the detaining authority on the basis of these documents has entered into satisfaction for ordering detention of the detenue.
"The detaining authority has not spelt out as to what were the connected documents. The detenue has thus not been furnished complete documents which has affected his constitutional rights under Article 22(5) of the Constitution of India to make effective representation against his detention," the court observed while quashing detention of Zaki.