Early Times Report
JAMMU, Feb 21: Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court quashed the detention under PSA of Tajinder Singh @ Jinda and directed to be released forthwith from preventive custody, if not required in any other case.
While quashing the detention order, Justice Sanjeev Kumar, observed that the representation of the petitioner has not been considered by the competent authority at all. This failure of the respondents to consider the representation of the petitioner against his detention violates the fundamental right guaranteed to the petitioner under Article 22(5) of the Constitution of India and, therefore, his detention is vitiated in law. For the foregoing reasons, the Court found merit in this petition and the same is, accordingly, allowed. Detention Order No.01 of 2023 dated 10.02.2023 is quashed and the petitioner is directed to be released forthwith from preventive custody, if not required in any other case.
—JNF |
