STATE TIMES NEWS
SRINAGAR: A Division Bench (DB) of State High Court comprising Justice Ramalingam Sudhakar and Justice M.K Hanjura set-aside the judgment of Single Judge and the impugned order of detention bearing No. 52/DMB/PSA of 2016 dated November 23, 2016, with further direction to the respondents to release Farooq Ahmad Sheikh son of Mohammad Sultan Sheikh, resident of Patushai, Bandipora, from the preventive custody forthwith. The court direction came in a LPA filed against dismissal of habeas corpus petition filed by Farooq Ahmed Sheikh.
While quashing the detention order, Division Bench observed that it is evident that it is an open and shut case of the deprivation of an inalienable right of the detainee, inasmuch as, he has not been informed that he can make a representation to the Detaining Authority. This permitted no option as it is a right guaranteed under Article 22(5) of the Constitution of India and Section 13 of the Act of 1978. It is incapable of being taken away and the failure, in providing this information to the detainee, has the effect of invalidating the order of detention.
