Srinagar, Nov 3: The High Court Wednesday directed the government to release two persons from preventive custody who were booked under the Public Safety Act (PSA)
Quashing their detention orders, a bench of Justice Ali Muhammad Magrey directed the government to release forthwith from preventive custody Muhammad Iliyas Sheikh of Rampora, Qaimoh, Kulgam and MehrajuddinGanaie of Tengpora, Batamaloo Srinagar.
While Sheikh was booked in terms of the detention order dated 19 April 2021 passed by District Magistrate Kulgam, Ganaie was detained vide order dated 22 February 2021 passed by District Magistrate Srinagar.
In their separately filed habeas corpus petitions, the detainees had projected various grounds against their detention including the one that the authority had not explained to them the grounds in the language which they understood.
“So far as the ground taken that is non-communication of the grounds of detention is concerned, perusal of file reveals, that there is nothing to show or suggest that the grounds of detention couched in English language were explained to the detainee in a language understood by him, as there is no material to that effect on record,” the court said. “The same was out of keeping with the mandate of Article 22 (5) which requires that the grounds of detention must be communicated to the detainee in the language he understands as laid down by the Supreme Court.”
Sheikh and Ganaie had challenged the detention orders in separate habeas corpus petitions filed through counsels G N Shaheen and Aftab Ahmad.
The court allowed their pleas.