EARLY TIMES REPORT
JAMMU, June 9: Justice Ali Mohammad Magrey quashed the Public Safety Act of Fayaz Ahmad Lone who was detained by the order of District Magistrate Pulwama.
Justice Ali Mohammad Magrey while quashing the detention order, observed that “Communicate’ is a strong word which means that sufficient knowledge of the basic facts constituting the ‘grounds’ should be imparted effectively and fully to the detenu in writing in a language which he understands. The whole purpose of communicating the ‘grounds’ to the detenu is to enable him to make a purposeful and effective representation. If the ‘grounds’ are only verbally explained to the detenu and nothing in writing is left with him in a language which he understands, then that purpose is not served, and the constitutional mandate in Article 22(5) is infringed.”
With these observations High Court observed that the grounds of challenge set up by petitioner succeed and the detention gets vitiated in view of the law quoted hereinabove. Other grounds urged, do not therefore, need to be separately addressed and allowed the petition and impugned detention order no. 94/DMP/PSA/19 dated 22.08.2019, issued by the District Magistrate, Pulwama, detaining the detenue namely Fayaz Ahmad Lone S/o Gh. Qadir Lone R/o Pastuna, Tehsil Tral, District Pulwama, in preventive detention, is quashed and the detenue is directed to be released from the preventive custody forthwith. JNF
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