State Times NewsJAMMU: Justice Sindhu Sharma of J&K High Court on Thursday quashed the detention order of Showkat Ahmad Ganie under Public Safety Act (PSA).While quashing the detention order, the court observed that the right to be communicated the grounds of detention flows from Article 22(5) while the right to be supplied all the material on which the grounds are based flows from the right given to the detainee to make a representation against the order of detention. “A representation can be made and the order of detention can be assailed only when all the grounds on which the order is based are communicated to the detainee and the material on which those grounds are based are also disclosed and copies thereof are supplied to the person detained, in his own language”, the court observed adding that the non-supplying of the material has deprived the right of the detainee to make an effective representation. “An effective representation cannot be contemplated by the detainee till he knows what was in the mind of the Detaining Authority, while passing the order of detention”, the court observed and quashed the detention order No. DMB/PSA/04 of 2019 dated February 23, 2019 and directed to release the detainee from custody forthwith if he is not otherwise required in any other case.
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