Early Times Report
Srinagar, July 31: The J&K High Court on Wednesday quashed the second detention of one Bilal Ahmad Bhat on the ground that no other material as referred to in the order of detention and the grounds, are shown to have been supplied to the detainee.
While quashing the PSA, Justice Ali Mohammad Magrey observed that other ground urged at bar relating to passing of second detention order the question that needs consideration is whether such course was permissible in terms of section 19 of the Public Safety Act 1978. This section permits passing of second detention order where the earlier order passed in respect to a person is revoked or modified by the government or is not legal on account of any technical defect.
"In the instant case the first detention had been quashed by the court and, therefore, the authorities were not competent to pass fresh detention order on basis of same facts and circumstances as indicated above," the court added. |
