HC quashes PSA detention orders against 2 persons

 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: The High Court of J&K and Ladakh on Thursday quashed detention of two persons who were booked under Public Safety Act (PSA).

Allowing his habeas corpus plea, a bench of Justice M A Chowdhary ordered the government to release forthwith from preventive custody Mohammad Rafiq Rather of Abi Gurpora Rainwari, Srinagar if he was not involved in any other case. In his plea, Rather had sought to quash the detention order passed by district magistrate Srinagar on 29 January this year against him.

“The petitioner has been hampered by non-supply of the relevant material in making an effective and meaningful representation against his detention before the concerned authority/Government,” the court said.

While the court observed that “the requirement of law is that whole of the record on which the detention order is based, has to be made available to the detenue in the language that he understands, it said: “There is nothing like execution report/receipt of grounds of detention on the record to suggest that the whole material relied upon to base detention has been furnished to the detenu, so as to make an effective representation”.

The failure on the part of the detaining authority to supply material, the court said, renders the detention illegal and unsustainable. 

The court also quashed PSA detention order passed by District Magistrate, Pulwama on 18 October 2021 against one Rameez Raja Sheikh of Sharshali Khrew Pampore area of Pulwama district.

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