Srinagar: The High Court Monday ordered immediate release of a man from north Kashmir’s Rafiabad while quashing his detention under the Public Safety Act (PSA).
A bench of Justice Ali Muhammad Magrey quashed the detention order dated 31 December 2019 passed by District Magistrate Baramulla against one Tawheed Ahmad Lone of Chatipora, Rafiabad, Baramulla and directed the authorities to release him from preventive custody forthwith.
Quashing the detention order, the court observed that the detaining authority had failed to explain the grounds to the detainee in the language which he understood.
“Not mentioning in the detention order about his right to make representation constitutes an infraction of a valuable constitutional right guaranteed under Article 22 (5) of the Constitution of India as also of the right under Section 13 of the Jammu and Kashmir P S Act, 1978, which renders the detention order invalid and deserves to be quashed,” the court said.
Lone, through his counsel Syed Musaib had challenged his detention under the PSA by contending that he was in Police custody and there was no chance of his being released on bail when the detaining authority passed the detention order.