Srinagar, Apr 30: The High Court of J&K and Ladakh Tuesday ordered immediate release of two persons from custody while quashing their detention under Public Safety Act (PSA).
Allowing his habeas corpus petition, a bench of Justice Rajesh Sekhri quashed detention order under PSA against Tariq Ahmad Napa against whom district Magistrate Baramulla had passed the order on September 15, 2022.
“It is manifest on a plain reading of Article 22(5) of Constitution of India that it consists of two parts. While first part gives a right to a detenu to be furnished with grounds on which the order has been made as soon as may be, the second part provides a right to the detenue to be afforded the earliest opportunity of making representation against the order of detention,” the court said.
The court noted that apparently the grounds of detention furnished to the detenu in the present were mere conclusions drawn by the detaining authority based on some material or reports received from the field agency. The detaining authority, it said, had withheld details for the reasons best known to it and prevented the detenu from making an effective representation, which is violative of Article 22(5) of the Constitution of India.
“The detention order due to vagueness of allegations does not sustain in the eyes of law”, the court said and set aside the detention order against Napa . It directed the authorities to release him from custody if he was not required in any other case.
Allowing his habeas corpus petition, a bench of Justice M.A. Chowdhary quashed detention order against Suhail Ahmad Shah alias Sahil of Shah Mohalla Panzinara, Srinagar passed by district Magistrate Srinagar on 27 June 2022.
“The detaining authority while detaining the detenue has been negligent in observing the safeguards as are available constitutionally and statutorily, by not furnishing whole of the material on which detention order was based, incapacitated the detenu to make an effective and meaningful representation,” the court said.
Besides, it said, the detention order was based on vague grounds, which showed non application of mind to reach subjective satisfaction for passing the same to curtail the cherished right of liberty of the detenue.
Quashing the detention order against Shah, the court directed the authorities including Jail Superintendent concerned to release him forthwith from custody provided he was not required in any other case.