HC quashes PSA detention of Pampore man

Srinagar, May 24: The High Court of J&K and Ladakh Friday ordered immediate release of a man from south Kashmir’s Pampore while quashing his detention under the Public safety Act (PSA).

Allowing his habeas corpus petition, a bench of Justice Puneet Gupta

quashed the detention order dated June 20, 2022 passed by the District Magistrate, Pulwama against Ghulam Mohi-ud-din Lone of Androosa Khrew Pampore. The court directed the authorities to release Lone from custody forthwith if he was not required in some other case.

“Once an earlier order of detention stands nullified by the order of the Court, the earlier grounds mentioned in the detention order cannot be the reason for passing a fresh one,” the court said. Agreeing with the contention of counsel appearing for Lone, the court held that the vague grounds in the detention order deprived the petitioner of making statutory representation before the Advisory Board and the government. “The right of representation is statutory right and fundamental in character of which the petitioner has been deprived of due to the ambiguous and vague nature of allegations leveled in the detention order”.

The court quashed the detention order passed by district magistrate Pulwama underscoring that the same had not been passed in accordance with law.