Srinagar, Sep 10: The High Court has ordered release of a man from south Kashmir’s Shopian district while quashing his detention under Public Safety Act (PSA).
A bench of Justice Ali Muhammad Magrey directed the government to release Bilal Ahmad Kumar of Hilal Imam Sahib Shopian from preventive custody forthwith while allowing his Habeas Corpus petition. Kumar was booked under PSA by virtue of an order passed by the District Magistrate Shopian on August 10, 2019.
While quashing the detention order, the Court held that an effective representation can only be made by a detenu against his detention when he is supplied the relevant grounds of detention including the materials considered by the detaining authority for arriving at the subjective satisfaction to pass the detention order.
“Since the material is not supplied to the detenu, the right of the detenu to file such representation is impinged upon and the detention order is vitiated,” Court said.
“It is clear that either there is lapse on the part of police to provide all relevant material to the detaining authority or there is lack of application of mind on the part of detaining authority. The fact, however, remains that at the time of passing of the detention order, the detaining authority was not aware whether the detenu was in police or judicial custody or he stood released on bail”
The Court said it cannot be denied that it was the relevant information that was required to be produced before the detaining authority to enable it to derive subjective satisfaction with regard to the necessity of placing the detenu under preventive detention. “The non-application of mind by the detaining authority is fatal and goes to the root of the detention and, therefore, is sufficient to vitiate the impugned order of detention” the court said and quashed detention order passed by the District Magistrate Shopian against the detenue.