Authorities guilty if detainee isn’t informed about representation right: High Court

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Srinagar: Authorities are guilty of committing infraction of a constitutional right by not informing a detainee about right to make representation to detaining authority, Jammu and Kashmir High Court has said.  

“It can safely be stated that the respondents (authorities) by not informing the (detainee) about his right to make a representation to the detaining authority against the impugned order of detention, are guilty of committing infraction of a Constitutional right guaranteed to the (detainee) under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act,” a Bench of Justice Sanjay Dhar said and quashed detention order under PSA passed by the deputy commissioner Budgam against  one Aijaz Ahmad Dar of Nasrullapora as being “unsustainable in the eyes of law.”  

In his petition, Dar had stated that without any justification and cause, he was implicated in FIR No.53/2020 and while in custody in the case, came to be shifted to preventive custody in terms of the impugned order.

His counsel said that the authorities violated the procedural safeguards inasmuch as Dar was not informed about his right to make a representation against the order of detention before the detaining authority.

The counsel also contended that the Dar was not furnished the material relied upon by the detaining authority in passing the PSA order dated 9 April 2020, thereby depriving him of his Constitutional and Statutory rights.  

Allowing his petition, the court directed that Dar be released from the preventive custody forthwith “provided he is not required in connection with any other case.”

The court also quashed the order dated 7 July 2020, passed by District Magistrate Anantnag against one Mushtaq Ahmad Wani alias Channa of Kokernag .

“Direction is issued to the respondents (officials) to release (Wani) from the preventive custody forthwith, provided he is not required in connection with any other case.” (GNS)

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