The High Court Tuesday quashed the detention of a man from south Kashmir’s Pulwama district who was booked under the Public Safety Act in September last year.
A bench of Justice Ali Muhammad Magrey directed the government to release Showkat Ahmad Bhat of Wahibugh Pulwama immediately from preventive custody.
Bhat was booked under the PSA after the District Magistrate Pulwama passed an order in this regard on 3rd September 2020.
He challenged his detention through senior counsel R A Jan.
The court said that on the touchstone of the settled position of law and perusal of record, the detainee was not supplied the materials relied upon by the detaining authority.
“The detainee was provided material in the shape of grounds of detention with no other material and documents, as referred to in the order of detention. On these counts alone, in view of the above settled position of law, the detention of the detainee is vitiated,” the court said.
“In view of the law laid down by the Apex Court in case ‘Lallubhai Jogibhai Patel versus the Union of India’, the detention order is vitiated as not amounting to effect communication of grounds and resultant deprivation of the right to make representation against it,” the court said allowing the Habeas Corpus plea by Bhat.