Srinagar: The High Court Wednesday directed the government to release a man from south Kashmir’s Pulwama district forthwith while quashing his detention under the Public Safety Act (PSA).
A bench of Justice Sanjay Dhar directed the government to release Nissar Ahmad Qazi from preventive custody forthwith provided he was not required in connection with any other case.
Qazi was booked under the PSA vide an order passed by the District Magistrate Pulwama on January 6 this year.
He had challenged through his counsel Wajid Haseeb the detention order on multiple grounds, mainly on the contention that he had been disabled from making an effective representation against the order as the material which formed the base of the grounds of detention and the consequent order of detention had not been furnished to him.
“In the cases of preventive detention, a detainee has the right under Article 22 (5) of the constitution to be furnished with particulars of the grounds of his detention,” he said. The court said that the grounds of detention also bear reference to a dossier which most probably was forwarded by the Police authorities to the detaining authority.
“The execution report does not suggest that any copy of the Police dossier was provided to the petitioner,” the court said.
In absence of vital material which formed the basis of the grounds of detention against the petitioner, the court said that it was not possible for the detainee to make an effective representation against his detention.
“Thus, his right under Article 22 (5) of the constitution of India and statutory right guaranteed to him under Section 13 of the J&K Public Safety Act have been infringed with impunity. This renders the impugned order of detention unsustainable under the law,” the court said allowing Qazi’s habeas corpus petition.