EARLY TIMES REPORT
SRINAGAR, Dec 21: A Division Bench of J&K High Court Srinagar wing comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul set-aside the judgment of Single Judge and quashed the order of detention bearing No. 42/DMS/PSA/2019 dated 10th of August, 2019, issued by District Magistrate, Shopian, under Section 8 of the Jammu and Kashmir Public Safety Act 1978.
Division Bench observed that Saboor-ul-Haq Malla by way of the instant appeal, the appellant has assailed the judgment dated 9th of October, 2020, whereby the Single Judge has dismissed the Habeas Corpus Petition bearing WP(C) No.368/2019.
The said petition was filed on behalf of the appellant through his father, namely, Mohammad Iqbal Malla seeking quashing of detention order No.42/DMS/PSA/2019 dated 10th of August, 2019, passed by the District Magistrate, Shopian in respect of his son Saboor-ul-Haq Malla under the provisions of the Jammu and Kashmir Public Safety Act, 1978.
DB after hearing both the sides observed that respondents have thus, failed to supply the dossier, based whereupon the order of detention has been passed to the detenu. The appellant has thus been prevented from making an effective representation in accordance with law and his rights under Article 22 of the Constitution of India again lending substance to the challenge to the detention order.
With these observations, Division Bench found that the impugned judgment dated 9th of October, 2020 of the Single Judge has failed to consider the aforesaid issues and, therefore, is contrary to the well settled principles of law on the subject. The same is not sustainable in law.
Accordingly, the judgment of the Single Judge dated 9th of October, 2020, passed in WP(Crl) No. 368/2019, is hereby set-aside and quashed. It is further held that the order of detention bearing No. 42/DMS/PSA/2019 dated 10th of August, 2019, issued by District Magistrate, Shopian, under Section 8 of the Jammu and Kashmir Public Safety Act 1978, is contrary to law and is hereby set-aside and quashed. The appellant is directed to be released forthwith, if not required in custody in connection with any other case(s). JNF
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