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| HC quashes PSA of detenue | | | Early Times Report
SRINAGAR, Nov 11: Justice Ali Mohammad Magrey quashed the PSA of Rouf Ahmad Dar son of Ab. Gani Dar resident of Khurampora, Trenzo, District Shopian, and directed to be released the petitioner from preventive custody forthwith.
The detenu, Rouf Ahmad Dar son of Ab. Gani Dar resident of Khurampora, Trendzo, District Shopian, through his brother seeks quashment of detention order no.68/DMS/PSA/2020 dated 01.07.2020 purporting to have been passed by District Magistrate Shopian, with consequent prayer for release of the detenu forthwith.
The petitioner-detenu has challenged the order of detention on the grounds that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody; that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order; that the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order and the detaining authority has not applied its mind while passing the detention order."
Justice Ali Mohammad Magrey after hearing both the sides observed that Examining the present case on the touch stone of the above settled position of law and perusal of record, the detenu was not supplied the materials relied upon by the detaining authority. The detenu 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, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention. That being so the grounds of challenge set up by petitioner, succeed and the detention stands vitiated. Other grounds urged do not therefore, need to be separately addressed. Accordingly, the detention order No. 68/DMS/PSA/2020 dated 01.07.2020, is quashed and the detenu, Rouf Ahmad Dar son of Ab. Gani Dar resident of Khurampora, Trenzo, District Shopian, is directed to be released from preventive custody forthwith.
—JNF |
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