High Court quashes PSA detention of 2 persons

Srinagar, Dec 16: The High Court of J&K and Ladakh Friday ordered an immediate release of two persons from preventive custody while quashing their detention under Public Safety Act (PSA).

Allowing their separately filed habeas corpus pleas, a bench of Justice Sanjay Dhar quashed the detention of Towseef Ahmad Mir from south Kashmir’s Chakoora Litter Pulwama and Zubair Ahmad of Shaheen Mohalla Noorbagh Srinagar.

   

While Mir was booked under PSA in terms of an order dated 20.10.2021 issued by District Magistrate Pulwama , Bhat was taken in preventive custody after District Magistrate, Srinagar passed an order in this regard on October 20, 2021.

“It needs no emphasis that the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue,” the court said and quashed detention order of Bhat. He was ordered to be released from detention forthwith provided he was not required in any other case.

With regard to Mir, the Court observed that had been hampered by non-supply of vital documents in making an effective representation before the Advisory Board as a result whereof his case was not considered by the Advisory Board in the absence of his representation as was clear from the detention record.

 “Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the order of detention unsustainable in law,” it added and quashed his detention order.

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