HC quashes PSA detention of 3

HC quashes PSA detention of 3
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: J&K High Court has directed the government to release three persons immediately from preventive custody who were booked under Public Safety Act (PSA).

Single benches of Justice Ali Muhammad Magrey, Justice Rajnesh Oswal and justice Tashi Rabstan quashed the detention of Waheed Ahmed Gojri of Rawalpora Kralgund Kupwara, Zahoor Abbas Khan of Kupwara District and Uzair Maqbool Malik of Bagander Alyalpora District Shopian.

While Gojri was booked under PSA by virtue of an order issued by District Magistrate Kupwara on October 8 last year, Khan was taken into preventive detention vide order dated 11.07.2020 issued by the District Magistrate. Malik was detained on the basis of an order issued by District Magistrate Shopian on 16.08.2019.

“Examining the present case on the touch stone of the settled position of law and perusal of record, the detenu was not supplied the materials relied upon by the detaining authority,” Justice Magrey said while quashing detention of Gojri.

Pointing out that the detenu was provided material in the shape of grounds of detention with no other material and documents, as referred to in the order of detention, the court said: “On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention”.

The court directed its Registrar Judicial to send a copy of the order to Director General of Prisons and also concerned Jail authorities for compliance. While quashing detention of Khan, Justice Oswal pointed out that failure on the part of the District Magistrate to supply material relied upon by him while passing the detention order renders it illegal.

“No doubt the court cannot exercise the appellate power over the subjective satisfaction arrived at by the Detaining Authority but nonetheless, the court can look into as to whether there was any material before the Detaining Authority so as to form an opinion that the activities of the petitioner is prejudicial to the interest of the security of the State and the grounds of detention in the instant case are vague having no specific details, as such,” the order of detention is not sustainable on this ground as well,” court said.

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