HC quashed detention of two under PSA
JKUT (Jammu), September-28-2021-( JNF):- The Jammu & Kashmir and Ladakh High Court quashed the detention of two of Kulgam District who were detained by the Authority under Public Safety Act.
Justice Ali Mohammad Magrey while quashing the detention of Mohammad Asif Raina and Mubarak Ahmad Dar observed that 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, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention.
With these observations High Court quashed the detention Order No. 81/DMK/PSA/2020 dated 25.02.2020 and detention order no. 32/DMK/PSA/2019 dated 22.07.2019 passed by District Magistrate Kulgam with the direction that to release the detenu from the preventive custody forthwith. JNF