Early Times Report
SRINAGAR, Mar 4: Justice Sanjay Dhar of J&K High Court quashed the detention under Public Safety Act of Aijaz Ahmad Dar who was booked by order No.DMB/PSA/ 10 of 2020 dated 09.04.2020, issued by District Magistrate, Budgam. While quashing the detention order, Justice Sanjay Dhar observed that the impugned detention order was passed on 09.04.2020 and as per the detention record, the same was executed on 11.04.2020. The detention record further shows that the order of detention was approved bythe Government on 15.04.2020. Thus, until the said date i.e. 15.04.2020, the detaining authority, in terms of Section 21 of the General Clauses Act, was empowered to revoke the order of detention but because the petitioner/detenue was not informed by the respondents about his right to make a representation to the detaining authority, obviously he could not make a representation to the detaining authority, thereby depriving him of a vital constitutional/statutory right.
Justice Sanjay Dhar further observed that it can safely be stated that the respondents by not informing the petitioner about his right to make a representation to the detaining authority against the impugned order of detention, are guilty of committing infraction of a Constitutional right guaranteed to the petitioner under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act. The impugned order of detention is, therefore, rendered invalid and unsustainable in the eyes of law. For the reasons discussed above, the petition is allowed and the impugned detention order is quashed. The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case. —JNF