Srinagar: Jammu and Kashmir High Court on Friday quashed detention order under Public Safety Act against two detainees and ordered their release forthwith “unless required in any other case.”
A bench of Justice M K Hanjura quashed the detention orders of Mohammad Ramzan Khan alias Altaf Khan son of Ghulam Nabi Khan of Khanpora Gundpora Bandipora and Shakeel Ahmad Itoo son of Late Ghulam Nabi Itoo of Manihal Barbugh (Imam Sahib) Shopian Kashmir after hearing their counsel Mian Tufail vice M.A.Qayoom and Shafaqat Nazir.
The court observed that both are open and shut cases of the deprivation of an “inalienable right” of the detainee, inasmuch as, they have not been informed that they can make a representation to the detaining authority till such time that the detention order was not approved by the Government. “This permitted no option as it is a right guaranteed under article 22(5) of the Constitution of India and section 13 of the Act of 1978. It is incapable of being taken away and the failure, in providing this information to the detainee has the effect of invalidating the order of detention,” the court said.
