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news details
HC quashes Masrat Alam's PSA
5/20/2019 10:11:55 PM
Early Times Report
Srinagar, May 20: The J&K High Court has quashed the 27th detention order under the Public Safety Act (PSA) of separatist leader Masrat Alam Bhat and directed his release him from the preventive custody.
Holding the detention of separatist leader illegal, a single bench of the court comprising Justice Rashid Ali Dar quashed the detention passed by District Magistrate Baramulla.
"The respondents are directed to release the detenu (Masrat) from preventive detention, provided he is not required in connection with any other case," the court said
The court observed that the Constitution of India - Article 22(5) and Section 13, J&K Public Safety Act 1978, guarantee two important safeguards to the detenu - first that the detenu is informed of grounds of detention that prompted the detaining authority to pass the detention order and second that the detenu is allowed to represent against his/her detention immediately after the detention order is made or executed.
"The Constitutional and Statutory safeguards guaranteed to the detenu are to be meaningful only if the detenu is handed over the material referred to in the grounds of detention that lead to subjective satisfaction that the preventive detention of detenu is necessary to prevent him from acting in any manner prejudicial to the security of the State of public order and further it is ensured that the grounds of detention are not vague, sketchy and ambiguous so as to keep the detenu guessing about what really weighed with the detaining authority to make the order."
The court observed that past history and activities of the detenue have been narrated in the grounds of detention but reference of the documents in the grounds of detention and the order of detention would suggest that it was imperative for the detaining authority to supply copies of the documents to the detenue.
"This has not been done which in turn deprived the detenue of his right of making an effective representation against his detention. Infringement of such right as guaranteed under Article 22(5) of the Constitution of India would render the order of detention as illegal."
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