Quashing their detention under Public Safety Act, the J&K High Court has ordered immediate release of three detainees. A bench of Justice Vinod Chatterji Koul quashed detention of Manzoor Ahmad Ganaie of Koil, district Pulwama, Sajad Ahmad Bhat of Nagam Chadoora and Aijaz Ahmad Dar of Nasrullahpora, Budgam.
Bhat had been detained in terms of order dated 27.01.2020, Dar taken into preventive custody on July 7 last year and Ganaie booked on June 29 last year.
The detainees had challenged the detention orders in separate habeas corpus petitions. While allowing the petitions the court directed the government to release them forthwith provided, they were not required in other cases.
“Failure on the part of detaining authority to supply the material relied at the time of making the detention order to detenu, renders detention order illegal and unsustainable,” the court said while quashing detention of Ganaie.
“The detenu cannot be expected to make a meaningful exercise of his constitutional and statutory rights guaranteed under Article 22(5) of the constitution of India and section 13 of the J&K Public Safety Act, 1978, unless and until the material on which the detention order is based, is supplied to the detenu”. The court pointed out that it is only after the detenu has all the material available that he can make an effort to convince the detaining authority and thereafter the Government that apprehensions concerning the activities of detenu are baseless and misplaced.