HC quashes detention of political detainee from Kulgam

SRINAGAR: The Jammu and Kashmir HC on Tuesday overturned the PSA detention of National Conference youth leader Ishtiyaq Ahmad Ganie on the ground that the detaining authority has failed to mention in the detention order about the petitioners right to make representation.
The Court of Justice Ali Mohamd Magray gave a reference to the judgement of the division bench of the High Court in a case titled Tariq Ahmad Dar Versus Sate of Jammu and Kashmir and others where it has been held, “It is abundantly clear that the non-communication of the fact that the detente can made a representation to the detaining authority till the detention order is not approved by the government, would constitute an infraction of a valuable constitutional right guaranteed under article 22 of the constitution of India as also a right under sec 13 of the JK Public Safety Act 1978.Failure of such non communication would invalidate the order of detention,”.
The court accordingly allowed the petition and quashed the detention order number 67/DMK /PSA /19 dated 24 August 2019 passed by District Magistrate Kulgam. The court directed that the detainee Ishtiyaq Ahmad Ganie be released forthwith.
Ganie had be detained under PSA as police had apprehension that he belonging to NC party which in their manifesto and in public speeches offered strong opposition to the revocation article 35 A and 370 from Indian constitution.
Ganie according to police was likely to infuse the sprit enmity, hatred and ill will against the state establishment as well as to propagate regional dis-harmony which will be prejudicial to the maintained of law and order.

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