Srinagar: “Detainment of any person cannot be held if he/she is not allowed effective representation,” the J&K High Court said while overturning a PSA (Public Safety Act) detention order.
Justice Ali Mohammad Magrey while directing authorities to release Waseem Ahmed Sheikh of Shopian from preventive custody forthwith recorded that the detaining authority did not apply its mind while passing the detention order and had not revealed the material on which it assumed necessity of having the subject detained.
The judge also observed that the detenu was already under custody and had not applied for bail, but this fact was not mentioned in the detention order.
“It appears that there is total non-application of mind on part of the detaining authority while passing the detention order,” the judge said.
The court further said, “So far as the non-communication of the grounds of detention is concerned, perusal of file reveals that there is nothing to show or suggest that the grounds of detention couched in English language were explained to the detenu in a language understood by him, as there is no material to that effect on record.”
Justice Magrey pointed out that since the material is not supplied to the detenu, the right of the detenu to file such representation is impinged upon and the detention order is resultantly vitiated.
Accordingly, the court set aside and quashed the detention order No. 36/DMS/PSA/2019 dated 10 August, 2019, while directing that Waseem, son of Bashir Ahmad Sheikh, resident of Allyalpora, District Shopian, be released from preventive custody forthwith.
“Registrar Judicial of this Court shall forthwith convey the order to District Magistrate Shopian and Jail Superintendent concerned for compliance of the order forthwith,” the court directed.

NUSRAT SIDIQ