Srinagar: Jammu and Kashmir High Court has quashed detention order under Public Safety Act against a youth from Pulwama and ordered authorities to release him forthwith provided he was not required in any other case.
“Bare perusal of the grounds of detention reveals that the detaining authority has relied upon three FIRs while issuing the order impugned. All these FIRs pertain to the year 2016, whereas order impugned has been passed on 6th August 2019. Thus there is a delay of three years in passing the detention order,” a bench of Justice Rajesh Oswal said.
“Thus the delay of three years in passing the order of detention has snapped the link between the prejudicial activities and the purpose for which the detention order is passed.”
Subsequently, the court quashed the PSA detention (38/DMP/PSA/19) dated 06 August 2019 issued by District Magistrate Pulwama by virtue of which the youth—Ashiq Ahmad Rather of Pulwama was detained under the provisions of J&K Public Safety Act.
In his plea filed through his father, Ashiq had challenged the order submitting that the grounds of detention are vague and on the basis of such vague grounds, no prudent man can make an effective representation against those allegations.
He said that the detaining authority has not prepared the grounds of detention itself which is a pre-requisite before passing the order.
“No material has been furnished to the (detainee), as such he was disabled to make an effective representation against the detention order,” he said. (GNS)
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