Jammu: 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.
