HC quashes detention under PSA of three
JKUT (Jammu), June-28-2021-( JNF):- Justice Ali Mohammad Magrey while disposing of three different petitions quashed the detention under PSA of three namely Assadullah Bhat, Majid Ahmad Bhat and namely Javaid Ahmad Bhat with the direction to release the petitioners forthwith.
Justice Ali Mohammad Magrey while quashing the detention order no. 58/DMK/PSA of 2019 dated 19.10.2019 purporting to have been passed by District Magistrate Kupwara, under which the detenu namely Javaid Ahmad Bhat s/o Ghulam Ahmad Bhat R/o Khanu Babagund Tehsil Kralgund, District Kupwara, detention order no. 36/DMP/PSA/20 dated 09.11.2020 purporting to have been passed by District Magistrate Pulwama, under which the detenu namely Majid Ahmad Bhat s/o Abdul Ahad Bhat R/o Karimabad Tehsil Pulwama and and detention order no. 35/DMP/PSA/20 dated 02.11.2020 purporting to have been passed by District Magistrate Pulwama, under which the detenu namely Assadullah Bhat s/o Ghulam Mohammad Bhat R/o Dadsara at present Chattabal Srinagar Tehsil Tral, District Pulwamaobserved that So far as the ground taken i.e non communication of the grounds of detention is concerned, perusal of file reveals, that there is nothing to show or suggest that the grounds of detention couched in English language were explained to the detenu in a language understood by him, as there is no material to that effect on record. This according to the view taken by Hon’ble Apex Court in “LallubhaiJogibhai Patel v. Union of India, “; the detenu did not know English, while the grounds of detention were drawn up in English and an affidavit filed on behalf of the detaining authority stated that while serving the grounds of detention were fully explained to the detenu, but the Apex Court held that, was not a sufficient compliance with the mandate of Article 22(5) which requires that the grounds of detention must be communicated to the detenu. JNF