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| HC quashes PSA of detenue | | |
EARLY TIMES REPORT
JAMMU, Sep 17: Justice Sindhu Sharma of J&K High Court has quashed the PSA detention of one Showkat Ahmad Ganie.
While quashing the detention under PSA, Justice Sindhu Sharma observed that the right to be communicated the grounds of detention flows from Article 22(5) while the right to be supplied all the material on which the grounds are based flows from the right given to the detenue to make a representation against the order of detention.
A representation can be made and the order of detention can be assailed only when all the grounds on which the order is based are communicated the detenue and the material on which those grounds are based are also disclosed and copies thereof are supplied to the person detained, in his own language".
Court further observed that thus, the non-supplying of the material has deprived the right of the detenue to make an effective representation. An effective representation cannot be contemplated by the detenue till he knows what was in the mind of the Detaining Authority, while passing the order of detention.
With these observations, the High Court allowed the petition and quashed the detention order No. DMB/PSA/04 of 2019 dated 23.02.2019 and directed that the detenue is directed to be released from custody forthwith if he is not otherwise required in any other case. JNF |
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