Srinagar: The High Court J&K and Ladakh has quashed the detention of two persons under the Public Safety Act (PSA) and directed the authorities to release them immediately if they were not required in any other case.
“It needs no emphasis that the detainee cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detainee,” a bench of Justice Sanjay Dhar said.
“The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable,” the court said while quashing the detention order passed by Deputy Commissioner Srinagar on February 28 this year against one Ghulam Ahmad Dar of Pattan at present Gang Bugh Shargheri Srinagar.
The court also quashed the detention order under PSA passed by Deputy Commissioner Pulwama against the detainee, Manzoor Ahmad. Mir, as observed by the court, was not provided with a copy of the police dossier and as such disallowed to make an effective representation.
“The detainee is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case,” the court added.