Srinagar: The J&K High Court on Thursday quashed a Public Safety detention order against an alleged Over Ground Worker (OGW) of militant outfits including Hizbul Mujahideen and Jaish-e-Mohammad.
The Division Bench of Justice Rajnesh Oswal and Justice Sanjeev Kumar while setting aside a single bench judgement of 28 May, 2018 recorded that the single judge has not appreciated the facts that the petitioner was not supplied with relevant documents to make an effective representation against the detention order, rendering it illegal.
The Bench also recorded that it would be appropriate to note that the procedural requirements are the only safeguards available to the detenue since the court cannot go behind the subjective satisfaction of the detaining authority.
The court while giving reference to a Supreme court order in case Thahira Haris v. Govt. of Karnataka recorded that the Constitution provides adequate safeguards under clauses (5) and (6) of Article 22 to the detenu who has been detained in pursuance of the order made under any law providing for preventive detention.
“He has the right to be supplied with copies of all documents, statements and other materials relied upon in the grounds of detention without any delay. The predominant object of communicating the grounds of detention is to enable the detenu at the earliest opportunity to make effective and meaningful representation against his detention,” the court said.
The Division Bench said it found that the impugned order of detention not sustainable and as such the order passed by the Single Judge is set aside and the order of detention quashed.
“The appellant (Suhail Ahmad Wagay) be set free from preventive detention if he is not required in any other case,” the court directed.