Srinagar: The Jammu and Kashmir High Court has quashed detention order under Public Safety Act against a youth and ordered his release.
The youth, Nasir Ahmad Ganie, had assailed the validity of order of detention passed by the government on 1 June this year.
However, as observed by a bench of Justice Alok Aradhe, Ganie was not apprised of his right to make a representation to the detaining authority till the order of detention was approved by the Government on June 6.
The Division Bench the high court has already held that non-communication of the fact that the detainee can make a representation to the Detaining Authority, till the detention order is not approved by the Government, would constitute an infraction of a valuable Constitutional right guaranteed under Article 22(5) of the Constitution of India as also of the right under Section 13 of the Jammu and Kashmir Public Safety Act, 1978.
“Failure of such non-communication would invalidate the order of detention”, the court said and quashed the detention order (no.31/DMB/PSA/2016) with the direction to the authorities to set Ganie at liberty forth with if not required in any other offence.
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