HC quash PSA of Pulwama man
JKUT (Jammu), June-14-2021-( JNF):- Justice Ali Mohammad Magrey today quashed the detention under PSA of Tanveer Ahmad Sheergojri.
While quashing the detention order, Justice Ali Mohammad Magrey observed that “Communicate’ is a strong word which means that sufficient knowledge of the basic facts constituting the ‘grounds’ should be imparted effectively and fully to the detenu in writing in a language which he understands. The whole purpose of communicating the ‘grounds’ to the detenu is to enable him to make a purposeful and effective representation. If the ‘grounds’ are only verbally explained to the detenu and nothing in writing is left with him in a language which he understands, then that purpose is not served, and the constitutional mandate in Article 22(5) is infringed.”
Justice Ali Mohammad Magrey observed that examining the present case on the touch stone of the above settled position of law and perusal of record, the detenu was not supplied the materials relied upon by the detaining authority. The detenu was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention. On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention. Accordingly, the detention order No.39/DMP/PSA/19 dated 07.08.2019 is quashed and the detenu, Tanveer Ahmad Sheergojri, son of Gulzar Ahamd Sheergojri resident of Checkpora, Newa, District Pulwama is directed to be released from preventive custody forthwith. No order as to costs.
The Judgement was announced by Vacation Judge Justice Sanjeev Kumar. JNF