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| HC quashes detention under PITNDPS of two ladies | | | Early Times Report
JAMMU, July 3: Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court quashed the detention under PITNDPSA of Asha Bibi and Neelam Devi.
While quashing the detention order of Asha Devi, Justice Rahul Bharti observed that mere placing of an order of rejection on the file of a detention record is not be taken as a fact that the said consideration order has been conveyed and communicated to the petitioner and that is reason that in his counter affidavit, the respondent No. 2 - Divisional commissioner, Jammu has not risked an averment that the petitioner has been duly communicated and conveyed about the fact of rejection of her representation.
Court after Cumulative effect of all the aforesaid facts and circumstances of the case render the preventive detention of the petitioner vitiated with serious illegality and compromise of procedural compliances and, therefore, warrants to be set aside. Accordingly, the preventive detention Order No. PITNDPS-50 of 2024 dated 09.12.2024 read with Govt. Order No. Home/PB-V/88 of 2025 dated 14.01.2025 are set aside and consequently directing release of the petitioner from the preventive detention custody from the Jail wherever the petitioner is lodged and accordingly, the Superintendent of the concerned Jail is directed to release the petitioner forthwith.
While quashing the detention order of Neelam Devi, High Court observed that the representation submitted by the petitioner, no doubt, came to be considered by the respondent No. 2 -Divisional Commissioner, Jammu and rejected vide his Order No. 6011/RA/PITNDPS/REP/CC-7624123 dated 11.01.2025 but for the reasons best known to the respondent No. 2 -Divisional Commissioner, Jammu, the petitioner was never ever extended a courtesy of being provided with a copy of the said rejection order so as to apprise her not only about the fate of her representation but also the basis for which the same has been found to be without merit. This omission on the part of the respondent No. 2 - Divisional Commissioner, Jammu is too serious to be taken as casual by this constitutional court in considering the writ petition of the petitioner in adjudging the legality and validity of the preventive detention of the petitioner.
Cumulative effect of the aforesaid facts and circumstances of the case render the preventive detention of the petitioner illegal, and consequently the preventive detention Order No. PITNDPS 51 of 2024 dated 17.12.2024 passed by the respondent No. 2 - Divisional Commissioner, Jammu read with Govt. Order No. Home/PB-V/01 of 2025 dated 03.01.2025 are hereby quashed, Court said. The petitioner is held entitled to be restored to her personal liberty forthwith and for that the Superintendent of the concerned Jail is directed to release the petitioner immediately from the preventive detention custody.
—JNF |
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