STATE TIMES NEWS
SRINAGAR: A Division Bench of J&K High Court Srinagar Wing comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul set-aside judgment of Single-Judge and quashed order of detention bearing No. 42/DMS/PSA/2019 dated August 10, 2019 issued by the District Magistrate, Shopian, under Section 8 of Jammu & Kashmir Public Safety Act 1978.
Division Bench observed that Saboor-ul-Haq Malla, by way of instant appeal, the appellant has assailed judgment dated October 9, 2020, whereby the Single Judge has dismissed Habeas Corpus Petition bearing WP(C) No.368/2019. The aforesaid petition was filed on behalf of appellant through his father, namely, Mohammad Iqbal Malla seeking quashing of detention order No.42/DMS/PSA/2019, dated August 10, 2019, passed by District Magistrate, Shopian in respect of his son Saboor-ul-Haq Malla under provisions of Jammu and Kashmir Public Safety Act, 1978.
DB, after hearing both sides, observed that respondents have failed to supply the dossier, based whereupon the order of detention has been passed to the detenu. The appellant has thus been prevented from making an effective representation in accordance with law and his rights under Article 22 of the Constitution of India again lending substance to challenge to the detention order. With these observations, the Division Bench found that impugned judgment dated October 9, 2020 of the Single Judge has failed to consider aforesaid issues and, therefore, was contrary to well-settled principles of law on the subject. Accordingly, the judgment of the Single Judge passed in WP (Crl) No. 368/2019, was set-aside and quashed. It was further held that the order of detention bearing No. 42/DMS/PSA/2019 dated August 10, 2019, issued by District Magistrate Shopian, under Section 8 of the Jammu and Kashmir Public Safety Act 1978, is contrary to law and is hereby set-aside and quashed. The appellant was directed to be released forthwith, if not required in custody in connection with any other case(s).
