news details |
|
|
| Non-supply of documents vitiates detainee's 'Value Right': HC | | | Early Times Report
Srinagar, Jan 5: The state High Court has ordered release of a person from Pulwama who was detained under PSA, underlining that the detaining authority had 'vitiated' his 'valuable right of effective representation by not supplying documents' to him.
Bilal Ahmad Mir of Gadpora Tral through his father had sought quashment of detention order (no. 20/DMP/PSA/19) passed by District Magistrate Pulwama on 15 March 2019 and had sought his release forthwith.
"The only precious and valuable right guaranteed to a (detainee) is of making an effective representation against the order of detention. Such an effective representation can only be made by a (detainee) when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority for arriving at the requisite subjective satisfaction to pass the detention order," a bench of Justice Ali Mohammad Magrey said.
"Since the material is not supplied to the 9detainee), the right of the (detainee) to file such representation is impinged upon and the detention order is resultantly vitiated," the court said and underlined that judgments on this point, both of the Supreme Court and of various High Courts, including the J&K High Court, galore.
"The right of the (detainee) to be supplied copies of such documents, statements and other materials flows directly as a necessary corollary from the right conferred on the detainee to be afforded the earliest opportunity of making a representation against the detention, because unless the former right is available the latter cannot be meaningfully exercised," the court said.
Examining the Mir's case on the touch stone of the settled position of law, the court held that the detainee was not supplied the materials relied upon by the detaining authority. "The (detainee) 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, the detention of the (detainee) is vitiated," the court said and ordered release of Bilal Ahmad Mir from preventive custody forthwith. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
