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High Court Quashes PSA imposed on detenue
5/25/2023 9:39:28 PM
Early Times Report

JAMMU, May 25, 2023: Justice M. A Choudhary of the Jammu & Kashmir and Ladakh High Court has invalidated the Public Safety Act (PSA) imposed by District Ramban on Tanveer Ahmed, also known as Jimmy, son of Bashir Ahmed, resident near Bus Stand Banihal, Tehsil Banihal, District-Ramban.
The court took into account the writ petition WP (Crl) No. 57/2022 filed in relation to Tanveer Ahmed and found several shortcomings in the detention order. The court observed that the dossier prepared by the Senior Superintendent of Police, Ramban, was almost word-for-word repeated in this third detention order. Furthermore, the court noted that the entire record on which the detention order was based was not furnished, the material was provided in English instead of the detenue’s language, and the detenue was not informed of his right to make a representation before the Detaining Authority or the Government. These factors indicate that the Detaining Authority did not apply its mind to establish subjective satisfaction for detaining the petitioner, and the detenue was deprived of his fundamental right to make an effective and meaningful representation against the detention order.
Based on the aforementioned reasons and the applicable law, the court allowed the petition and quashed the impugned detention order No. 14/PSA of 2022 dated June 4, 2022, issued by the District Magistrate, Ramban. Consequently, Tanveer Ahmed, alias Jimmy, son of Bashir Ahmed, residing near Bus Stand Banihal, Tehsil Banihal, District Ramban, is ordered to be released from preventive detention/custody.
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