SRINAGAR: The J&K high court has quashed the detention order under Public Safety Act of a 10th class student from Hajin area of Bandipora district and ordered authorities to release him “forthwith” from custody.
Born on 27 October 1998, Tariq Ahmad Lone son of Abdul Majid Lone of Vijipora Hajin was ordered to be detained under PSA by district commissioner Bandipora on 12 September last year.
His father through counsel advocate Nasir Qadri had challenged the PSA detention order (31/DMB/PSA/2016) on number of reasons mainly for “non-application of mind” on part of the detaining authority.
He said Tariq had not been provided the material forming basis of the detention order, to make an effective representation against the detention order and that the allegations against him were “stale and remote with no connection between his alleged activity and passing of the detention order.”
A student of10th standard, Tariq is unable to understand the English in which his detention order was furnished to him, he said.
“He was no provided translated script in Kashmiri nor were the grounds read over and explained to him in the language he understood,” he said.
On notice by the high court, the government submitted that the detention order was well founded and sought dismissal of the plea.
“The only precious and valuable right guaranteed to a detainee is of making an effective representation against the order of detention…. In the event such grounds of detention and materials are not supplied to the detainee, the right of the detainee to file such representation is impinged upon and the detention order is resultantly vitiated,” the court said and referred to a number of judgements by Supreme Court as well as various High Courts.
“Examining the present case on the touch stone of the settled position of law, there are specific averments made in detainee was not supplied by the detaining authority. … On these counts alone, the detention of the detainee is vitiated (for) having been prevented from making an effective and purposeful representation against the order of detention,” the court said and quashed the detention order passed by District Magistrate Bandipora.
“The detainee Tariq Ahmad Lone is directed to be released from preventive custody forthwith,” the court ordered.
His counsel, advocate Nazir Qadri told Kashmir Reader that Lone was lodged in Kote Balwal jail Jammu and he has already missed examination in one of the papers for 10th (private) being presently conducted by the State Board of School Education.
“Class 10th Annual Private 2017 began today (15/02/2017) and is concluding on 01/03/2017 at Srinagar. The (authorities) were therefore required to shift him from Central Jail Kote Balwal Jammu to central jail Srinagar otherwise the right to education guaranteed to them by constitution shall stand infringed,” he said, referring to an application filed by the family before the court. The family had sought his shifting to Juvenile Home.
In its objections, the government said: “Even, if the date of birth certificate is presumed to be correct, still the petitioner has crossed the 18th birthday on 27- 10- 2016. …a major cannot be lodged in juvenile home.”