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| HC quashes detention under PSA | | |
EARLY TIMES REPORT
SRINAGAR, Oct 8 (JNF): Justice Sanjay Dhar quashed the detention of Ghulam Jeelani Gatoo under PSA. In the petition, petitioner challenged the order No 65/DMS/PSA/2020 dated 27.06.2020, issued by District Magistrate, Shopian, in terms whereof, Gh. Geelani Gatoo S/o Ab. Aziz Gatoo R/o Malik Muhalla Shopian (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Srinagar. Justice Sanjay Dhar after hearing both the sides observed that all documents, statements and other materials incorporated in the grounds by reference and which have influenced the mind of the detaining authority in arriving at the requisite subjective satisfaction must be furnished to the detenu along with the grounds or in any event not later than five days ordinarily and in the exceptional circumstances and for reasons to be recorded in writing not later than 15 days from the date of his detention and all such material must be furnished to him in a script or language which he understands and failure to do either of the two things would amount to a breach of the two duties cast on the detaining authority under Art 22 (5) of the Constitution.” Justice Sanjay Dhar with these observations allowed the petition and the order of detention bearing No.65/DMS/PSA/2020 dated 27.06.2020, issued by District Magistrate, Shopian, is quashed. Further custody of the detenue shall be governed in accordance with the orders of the court of competent jurisdiction in connection with criminal cases registered against him. JNF
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