High Court quashed detention orders of two detenues held under Public Safety Act last year and directed the authorities to release them from the custody.
The Court while hearing the two separate petitions filed by Irshad Ahmad Reshi R/o Taj Mohalla Tral-i-Payeen District Pulwama and Mehraj-ud-Din Dar R/o Manz Mohalla, Anchar, Soura, Srinagar challenging their detention orders passed against them by District Magistrates Pulwama and Srinagar, quashed both detention orders and directed the jail authorities to release both the detenues forthwith from the custody, if they are not required in any other case.
Justice Sanjay Dhar quashed the detention orders of duo on ground that the detenues cannot be expected to make an effective and purposeful representation which is his constitutional and statutory right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which detention is based, is supplied to the detenue. The failure on the part of detaining authority to supply the material renders detention order illegal and unsustainable. JNF