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| DB quashes PSA, says violation of appellant’s constitutional right | | | EARLY TIMES REPORT
SRINAGAR, May 14: In a LPA filed by Riyaz Ahmad Bhat against the judgment of the Writ Court whereby the Writ Court dismissed the petition challenging the detention under PSA, a Division Bench of Jammu & Kashmir High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Dhar after going through the judgment observed that it can be seen that the grounds of detention accompanying the order of the District Magistrate Pulwama have made a mention of the involvement of the appellant in two separate cases bearing FIR No. 22/20218 registered under Section 307 of the RPC, 7/27 of the Arms Act and 3/4 of the Explosive Substances Act & FIR No. 25/2018 registered under Section 307 of the RPC and 7/27 of the Arms Act respectively, both registered with Police Station
The specific case urged by counsel for the appellant was that even when the appellant was shown to have been involved in the aforementioned two cases, yet no documents in the shape of the FIRs and other connected material was ever supplied to the appellant, which would have enabled the appellant to submit a comprehensive and meaningful representation to the concerned authorities.
DB observed that with a view to verify as to whether the requisite material including copies of the FIRs, of which a mention was made in the grounds of detention were ever supplied to the appellant, records were summoned.
If that be so, then we cannot persuade ourselves to uphold the finding returned by the learned Single Judge that there was no error of law or procedure committed by the detaining authorities. The argument of the learned counsel for the appellant that failure to furnish the requisite documents had thus prevented the appellant from making an effective representation, which had, therefore, violated the constitutional right of the appellant under Article 22(5) of the Constitution of India, is an argument, which is thus legally tenable.
With these observations, the Division Bench set-aside the judgment of the Writ Court and also quashed the order of detention dated 16.10.2019. The appellant is directed to be released forthwith, if otherwise not required in any other case. JNF |
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