High Court of JK and Ladakh Monday quashed detention of a man from central Kashmir’s Budgam district who was booked under Public Safety Act ( PSA) in January last year.
A bench of justice Sanjay Dhar directed the government to release from preventive custody Latief Ahmad Rather of Badipora Chadoora, Budgam forthwith provided he was not required in connection with any other case. In his habeas corpus petition, Rather through senior advocate S T Hussain had challenged the detention order passed by District Magistrate Budgam on January 27 last year against him on a multiple of grounds.
The petitioner contended that the detaining Authority passed the order mechanically without application of mind as the grounds of detention were mere reproduction of the dossier.
Citing a Supreme Court Judgment, the Court said the detaining authority is required to communicate to the detenue, grounds of detention, all the documents referred to in the grounds of detention, all the documents and material which the detaining authority considers while framing his subjective satisfaction, detention order and also the police report or dossier if any.
The word ‘grounds’ used in clause (5) of Article 22 of the Constitution, the court said, means not only the narrations or conclusions of facts, but also all materials on which those facts or conclusions which constitute grounds are based. “To communicate the bare grounds of detention to the detenue will not be sufficient unless grounds are accompanied by material which the detaining authority has considered and relied upon”.