HC quashes PSA detention of Shopian man

Source:-https://www.greaterkashmir.com

Jammu and Kashmir High Court on Wednesday quashed detention of a man from south Kashmir’s Shopian and ordered authorities to release him from preventive detention forthwith.

A bench of justice Ali Muhammad Magrey directed the authorities to release Waseem Ahmad Sheikh of Allyalpora Shopian who through his father had challenged the detention order dated 10.08.2019 passed by the deputy commissioner Shopian against him.

“The only precious and valuable right guaranteed to a (detainee) is of making an effective representation against the order of detention. Such an effective representation can only be made by a (detainee) 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,” the court said.

“Since the material is not supplied to the (detainee), the right of the (detainee) to file such representation is impinged upon and the detention order is resultantly vitiated”, the court said while citing judgments of Supreme Court and various High Courts.

The Court further held that there was nothing to show or suggest that the grounds of detention couched in English language were explained to the detainee in a language understood by him.

The Court directed its Registrar Judicial to convey immediately the order to District Magistrate Shopian and Jail Superintendent concerned for compliance.