Jammu, Mar 03: Jammu and Kashmir High Court has quashed detention order under Public Safety Act against one Sajjad Hussain Mir, a resident of District Kishtwar. On 14 November last year, District Magistrate, Kishtwar placed him under the preventive detention in exercise of the powers under Section 8 of the J&K Public Safety Act, 1978. The PSA order was executed on November 16 and Mir was lodged at District Jail, Kathua.
Mir had challenged the detention order on various grounds including non-supply of relevant material. Co countering Mir’s claims, Vishal Bharti, Deputy Advocate General, submitted before the court that six leaves of documents including grounds of detention had been served upon him.
“….On examination of the record, I find that near about 30 (thirty) leaves are comprised of detention order, grounds of detention, other connected material which has not been supplied to the detenue (Mir),” a division bench of Justice Ali Mohammad Magrey said while quashing the PSA detention order against Mir. “This in itself would vitiate the detention order as the detenue would have been incapacitated from making an effective representation, when he was not supplied the material, mention whereof is made in the detention order, viz copy of FIR Nos. 05/2010, 09/2010, 10/2010, 12/2010, 13/2010, 14/2010, 17/2010, 22/2010, 23/2010, site plan, arrest memo, statements under Section 161 Cr.PC.”
Even if it is assumed that six leaves of documents were supplied to Mir including the copy of FIRs, dossier and statement under Section 161 Cr.PC, the court said the record reveals that the connected documents, which formed the basis for detaining authority to detain Mir, are near about thirty leaves. “Therefore, full material has not been supplied to the detenue (Mir), as such, there has been non-compliance on the part of the detaining authority resulting in the detention order becoming invalid inasmuch as it is in violation of the constitutional and statutory mandate,” the court said and quashed the detention order with a further directed to authorities to release Mir forthwith “if he is not otherwise in custody in connection with some other case(s).”