Quashes 2 PSA detention orders issued by DM Srinagar, DM Kulgam
Srinagar: ‘If the “grounds” are only verbally explained to the detenu and nothing in writing is left with him in a language which he understands, then the constitutional mandate guaranteed under Article 22(5) is infringed, the High Court of J&K and Ladakh held while quashing two Public Safety Act (PSA) detention orders on Wednesday.
The court while hearing the case of Mohd Iliyass Sheikh and Mehraj-u-din Ganaie, who were detained under Public Safety Act by the District Magistrates of Kulgam and Srinagar, recorded that 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. 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,” Justice Magrey noted.
The court while giving reference to the Supreme court directives in case of Lallubhai Jogi bhai Patel vs Union of India noted that “Communicate” is a strong word which means that sufficient knowledge of the basic facts constituting the “grounds” should be imparted effectively and fully to the detenu in writing in a language which he understands.
“The whole purpose of communicating the ‘grounds’ to the detenu is to enable him to make a purposeful and effective representation,” the court said.
Justice Magrey said that from examining the present case on the touchstone of the above settled position of law and perusal of record, the detenu was not supplied the materials relied upon by the detaining authority.
“The detenu was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention. On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention,” the court said.
Accordingly, the court quashed the detention order No. DMS/PSA/15/2021 dated 22 January, 2021, while directing for immediate release of the detenu, Mehraj ud din Ganaie, son of Abdul Rehman Ganaie, R/o Tengpora, Batmaloo Bye Pass, District Srinagar.
“Also the detention order no.01/DMK/PSA/2021 dated 19 April, 2021 purporting to have been passed by District Magistrate Kulgam, under which the detenu namely Mohd Illiyass Sheikh s/o Gh. Hassan Sheikh R/o Rampora, Tehsil Qaimoh, District Kulgam, is under detention, is quashed with direction for his release forthwith,” the court directed.