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| HC quashes PSA order of DM Pulwama | | |
EARLY TIMES REPORT
JAMMU, May 19: Justice Javed Iqbal Wani quashed the order of detention bearing No. 16/DMP/PSA/20 dated 13.07.2020 whereby Mohammad Rafiq Mir was placed under PSA.
While quashing the detention order, Justice Javed Iqbal Wani observed that perusal of the grounds of detention/order of detention would manifestly reveal that the detaining authority has not drawn any satisfaction as per the mandate laid down by the Apex Court in the judgment "Surya Parkash Sharma", while passing the impugned detention order against the detenue, so much so, the respondents have also failed to express any such compelling reasons even in their reply affidavit as well. The impugned order, thus in law, does not sustain on this count alone.
Court further observed that after perusal of the record of the petition reveals that a representation has been made on behalf of the detenue by his father seemingly acknowledged to have been received by the office of District Magistrate, Pulwama, on 18.07.2020. The said contention has not been denied by the respondents in their reply affidavit thus resulting into drawing an adverse inference against the respondents in this regard. The failure of the respondents to consider the representation submitted by the detenue indisputably amounts to violation of the provisions of Article 22(5) of the Constitution. A reference in this behalf to the judgement of the Apex Court.
With these observations, the High Court quashed the detention order and directed to release the petitioner. JNF |
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