Justice Rajesh Bindal after hearing Advocate Aditya Sharma appearing on behalf of Petitioner namely Haroon Rashid quashed PSA slapped on him on the basis of 6 FIRs.
Adv.Aditya Sharma submitted before the Court that detention Order under Public Safety Act issued by District Magistrate Rajouri has been issued without application of mind.
He further submitted that right to make effective representation has not been provided to the Petitioner as per Article 22(5) of the Constitution of India.
Adv.Aditya Sharma argued that petitioner being a semi-literate person who has studied upto 7th class, thus it is the duty of the authorities to explain the grounds of detention in his native language and even an affidavit in this regard must be given by that person so that effective representation can be moved by him but all these basic principles have not been adhered by the detaining authorities.
High Court after hearing the Counsel held that detention order as well as the grounds of detention doesnot disclose the status of FIRs registered against the Petitioner that whether the Petitioner is on bail or what is the status of trial has not been mentioned.Moreover five out of six FIRs are 5 to 6 years back and one FIR is of the year 2018 and grounds of detention doesnot suggest if the petitioner is in custody or there is likelyhood of his release on bail. With these observations High Court quashes the detention order issued by District Magistrate Rajouri. JNF