J&K High Court Thursday quashed detention orders of two persons who had been booked under public safety Act (PSA).
The court quashed the detentions after hearing advocates Faisal Qadri and M Ashraf Wani on behalf of the detainees in two separate pleas, and J&K government through its senior Additional Advocate General B A Dar.
A bench of Justice Ali Muhammad Magrey while reviewing its earlier order quashed detention of one Muhammad Abbass Dar of Larm Ganji Pora, district Anantnag and directed the government to release him forthwith.
Dar through his mother had challenged the detention order passed by District Magistrate Anantnag against him on March 22 last year in a habeas corpus petition which was dismissed by the court on October 11 last year. He had sought review of the judgment.
“On examination it was found factually correct and legally sustainable, that the material and grounds of detention were not in fact furnished to the detenu- petitioner,” the court said while observing that it had erred earlier.
Junking other grounds also, the court allowed the review petition and recalled the order it had passed on October 11, 2019 dismissing the habeas corpus petition. “Accordingly the writ petition revives and (is) taken on board”.
The court held that in view of the settled position of law, the detention of the detenu was vitiated as he was prevented from making an effective and purposeful representation against the order of detention.
Meanwhile, bench of Justice Sanjay Dhar quashed PSA detention of Nasir Ahmad Mir of Malik Mohalla Habbak Chanpora Srinagar.
Malik through his counsel M Ashraf Wani had challenged the detention order issued by District Magistrate Srinagar against him on November 30 last year.
“The cumulative effect of the discussion leads to the only conclusion that in the instant case, the respondents have not adhered to the legal and constitutional safeguards while passing the impugned detention order against the petitioner,” the court said.