Srinagar: The High Court of J&K and Ladakh has quashed detention orders under Public Safety Act against three detainees and directed the authorities to release them forthwith from preventive detention if they were not needed in any other case.
While allowing three separate pleas, a bench of Justice Sanjay Dhar quashed detention orders against Jaffar Rasheed Dar of Kujar Yaripora Kulgam, Waheed Ahmad Khanday of Yaroo Langate Kupwara and Saliq Parvaiz Bhat of Gagren Shopian.
Jaffar was booked under PSA on 30 October 2021 and he had challenged the detention in the same year. Khanday was booked under PSA 19 October 2021 and he too had filed a petition challenging it in the same year while Saliq was detained under PSA on 28 January last year and he had also filed the petition against it last year.
“It needs no emphasis that the (detainee) cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the (detainee),” the court said while allowing a plea by one of them, Jaffer. “The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable,” the court said and quashed the detention order, adding, “The (detainee) is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case”.
Similar orders were passed as regards two other detainees, observing that authorities have not adhered to legal and Constitutional safeguards while passing the detention orders