Srinagar: The Jammu and Kashmir High Court has quashed a detention order under Public Safety Act against a detainee from Anantnag district.
Disposing a of petition filed by the detainee, Khursheed Ahmad Lone, a bench of Justice Mohammad Yaqoob Mir also ordered that his further custody shall be governed in accordance with the directions as shall be issued by the court of competent jurisdiction relatable to a case registered against him.
In his plea filed through advocate Wajid Haseeb, Lone submitted that he was in judicial custody in a case (FIR No. 228/2017 police station Anantnag) when PSA order was passed.
Advocate Haseeb submitted that he was also not supplied the ground of detention in manner they ought to be for making an effective representation. Additional Advocate General submitted that the grounds of detention (two leaves) were read over to him in English language but explained to him in Urdu and Kashmiri languages which he fully understands. Confronted with the position, advocate Haseeb pointed out that the requirement was to supply translated copy of the grounds of detention to him.
“it has been clearly held (by Supreme Court) that merely oral explanation of an order without supplying him (detainee) a translation in a script or language which (detainee) understood amounted to a denial of right of being communicated the grounds,” the court said and empathized strict compliance of the constitutional safeguards and Article 22(5) of the Constitution “because non-compliance thereto would itself be sufficient to vitiate the order of detention.” “Once there is infraction of constitutional right, the action under challenge becomes unsustainable,” the court said and quashed the detention order against Lone. “His further custody shall be governed in accordance with the directions as shall be issued by the court of competent jurisdiction relatable to FIR No. 228/2017 P/S Anantnag,” the court added.
