Jammu and Kashmir HC quashes PSA detention of NC youth president

“Since the Detaining Authority has failed to mention in the detention order about the petitioner’s right to make representation 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 P.S Act, 1978, which renders the detention order as invalid and deserves to be quashed,” Justice Ali Mohammad Magrey of the High Court said.

The court order further said, “The petition is accordingly, allowed and detention order no. 67/DMK/PSA/19 dated 24.08.2019, purporting to have been passed by District Magistrate Kulgam, under which the detenu namely Ishtiyaq Ahmad Ganie s/o Mohammad Akram Ganie R/o Sopat Tehsil Devsar District Kulgam, is under detention, is quashed, with direction for his release forthwith.”

Ganie had approached the court with a plea stating that “the detenu is doing fruit business he is never involved in stone pelting activities even no FIR has been registered against him ever since”.

“… since nothing is incriminating found against the detenu on the record file which suggests the passing of the impugned detention order. Therefore, the detention order deserves to be quashed,” the petition had said.