Srinagar, Dec 10: The High Court Friday quashed the detention of four persons who were booked under the Public Safety Act (PSA).
Quashing their detention orders, the court directed the government to release from preventive custody Mudasir Ahmad Bhat of south Kashmir’s Pulwama district and YasirMajeed Mir of Anantnag district unless they were required in other cases.
While Bhat was booked by an order dated 23 April 2021 passed by the District Magistrate Pulwama, Mir was detained following an order issued by District Magistrate Anantnag on 31 March 2021.
The duo had challenged the detention orders in separate habeas corpus petitions before the High Court.
“The detainee cannot be expected to make a meaningful exercise of his constitutional and statutory rights guaranteed under Article 22 (5) of the Indian constitution and Section 13 of the Jammu and Kashmir Public Safety Act, 1978, unless and until the material on which detention order is based is supplied to him,” the court said.
It said that if the detainee was not supplied the material, on which the detention order was based, he would not be in a position to make an effective representation against his detention order.
“Failure on the part of detaining authority to supply material relied at the time of making the detention order to the detainee renders the detention order illegal and unsustainable,” the court said.
Meanwhile, a different bench of the High Court quashed the detention of Bashir Ahmad Beigh of ShirporaChandoosa, Baramulla, and Hilal Ahmad Dar of Drabgam, Pulwama, and directed the government to release the detainees from preventive custody forthwith.
Beigh was detained vide an order dated 21 October 2020 passed by District Magistrate Baramulla while Dar was booked under an order passed by the DM Pulwama on 29 January 2021.