HC Quashes PSA detention of class 10 student, 2 others

The Jammu and Kashmir High Court has quashed detention of a class 10 student who was booked under the controversial Public Safety Act for allegedly resorting to stone pelting in north Kashmir’s Hajan area in September last year.
A bench of Justice Ali Muhammad Magrey quashed detention of Tariq Ahmad Lone of Vijipara Hajin after hearing Lone’s counsel Nasir Qadri as well as State counsel Q R Shamus. The court ordered release of Lone from preventive custody forthwith.
Observing that no other material or documents as referred to in the order of detention were supplied to the detenu, the court said: “On this count alone, in view of the settled position of law, the detention is vitiated.”
Lone through his father had approached the court against the detention order that was slapped against him on September 12, 2016 by District Magistrate Bandipora. He had challenged the detention on several grounds including the one that he was not provided the material forming basis of the detention order so that he could make an effective representation against his detention order.
The petitioner pleaded that there was no compelling reason or circumstance disclosed in the order or grounds of detention to take him in preventive detention, saying he was already in custody when the detention order was passed.
“The grounds taken in the detention order and the material referred to and relied upon has no relevance because the detenu was already under custody in various FIRs and is facing trial before the competent court of jurisdiction, therefore, there is no possibility that the detenu be implicated in the activities prejudicial to the maintenance of the public order,” Lone’s counsel pleaded.
After hearing the parties, the court observed 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,” the court observed, citing various SC judgments.
The court observed that in the event such grounds of detention and materials were not supplied to the detenu, the right of the detenu to file such representation is impinged upon and the detention order is resultantly vitiated. “Judgements on this point, both of the Supreme Court and of various High Courts, including our own High Court, are galore.”
The court also quashed PSA detentions of Abdul Rehman Sheikh of Tengpora Qaimoh of District Kulgam and Sameer Ahmad Gojree of Shah Hamdan Colony of District Baramulla.
While Sheikh and Gojree were represented by Advocates M Ashraf Wani and Nasir Qadri, the government was defended by its counsels Mehraj ud Din and Asif Maqbool.

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