Govt harps on Rubiya Syed kidnapping to keep Kalwal in jail, HC quashes detention

Govt harps on Rubiya Syed kidnapping to keep Kalwal in jail, HC quashes detention

SRINAGAR: The High Court has ordered immediate release of JKLF leader Noor Mohammad Kalwal after quashing his detention order under Public Safety Act. The Government had brought up Kalwal’s past including 1989 episode involving his release in exchange of the release of Dr Rubiya Sayeed, younger sister of Chief Minister Mehbooba Mufti. Rubiya is married in Chennai and lives there with her husband and children.
“There has been no change in his ideas being an incorrigible secessionist who have figured adversely in police records since long and till date have not mend his ways and activities…you are known for your past activities which can be inferred from the fact that for your release in year 1989 Dr Rubiya Syed daughter of then home minister of India Mufti Sayeed was kidnapped by the militants of the JKLF outfit,” the order had said.
Disposing off a petition filed by wife of Kalwal through advocate Mir Shafaqat, a single bench of Justice Ali Mohammad Magrey quashed the order mainly on the ground that material relied upon by the detaining authority was not supplied to him so that he could make effective representation against it.
Shafaqat submitted that the grounds taken in the detention order and the material upon by the authorities has no relevance as Kalwal was already in custody, when the detention order was passed. He submitted that in absence of material, the detention order is passed on mere ipsi dixit (unproven statement) of detaining authority; therefore, the order is bad in law.
“The only precious and valuable right guaranteed to a detenu is of making an effective representation against the order of detention. Such an effective representation can only be made by a detenu when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority for arriving  at the requisite subjective satisfaction to pass the detention order,” Justice Magrey said observing that Kalwal was not supplied the materials relied upon by the detaining authority.
Accordingly,   the court quashed the   detention   order   no. (DMS/PSA/42/2016 dated 17.09.2016) and directed him to be released from preventive custody forthwith.

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