Srinagar, Nov 12: The High Court J&K and Ladakh has quashed detention orders under Public Safety Act against two persons even as it dismissed a plea of another for same relief.
“It needs no emphasis that the detenue 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 detenue,” 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 and quashed detention order passed on February 28 this year by Deputy Commissioner Srinagar against one Ghulam Ahmad Dar of Pattan at present Gang Bugh Shargheri Srinagar.
The court also quashed detention order under PSA passed by Deputy Commissioner Pulwama against Manzoor Ahmad Mir of the south Kashmir district. Mir, as observed by the court, was not provided with copy of the police dossier and as such disallowed to make an effective representation.
“The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case,” the court added.
Meanwhile, the court rejected plea by Zahid Ahmad Dar, an alleged over ground worker of militants in Kulgam, challenging order (No.16/DMK/PSA/2021) dated 20 October last year issued by District Magistrate, Kulgam.
