Srinagar: Jammu and Kashmir High Court has quashed detention order under Public Safety Act against a resident of Pulwama and directed authorities to release him from preventive custody forthwith.
“On the touchstone of the settled position of law and perusal of record, the (detainee) was not supplied the materials relied upon by the detaining authority. (He) was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention,” a bench of Justice Ali Mohammad Magrey said, adding, “On these counts alone, in view of the settled position of law, the detention of the (detainee) is vitiated, the (detainee) having been prevented from making an effective and purposeful representation against the order of detention by not providing the sufficient material,”
Allowing the petition filed by the detainee Showkat Ahmad Bhat through his father, Ghulam Hassan Bhat, of Wahibugh Pulwama, the court quashed the detention order dated 9 September last year passed by District Magistrate Pulwama.
“The (detainee) namely Showkat Ahamd Bhat is directed to be released from preventive custody forthwith.”(GNS)