Rising KashmirRising KashmirRising Kashmir
  • Home
  • Top Stories
  • News
    • Kashmir
    • City
    • Jammu
    • Politics
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Search

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Anchor
  • Breaking
  • Business
  • City
  • Developing Story
  • Editorial
  • Education
  • Features
  • Health
  • Interview
  • Jammu
  • Jammu and Kashmir News
  • Kashmir
  • Kashmir Tourism
  • Kath Bath
  • National
  • Opinion
  • Politics
  • Sports
  • Technology
  • Top Stories
  • Trending
  • Uncategorized
  • Video
  • Viewpoint
  • World
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Reading: High Court overturns detention of 7 persons under PSA
Share
Notification Show More
Font ResizerAa
Rising KashmirRising Kashmir
Font ResizerAa
  • Home
  • Top Stories
  • News
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Search
  • Home
  • Top Stories
  • News
    • Kashmir
    • City
    • Jammu
    • Politics
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Follow US
© 2024. All Rights Reserved.
Rising Kashmir > Blog > Kashmir > High Court overturns detention of 7 persons under PSA
Kashmir

High Court overturns detention of 7 persons under PSA

Syed Rukaya
Last updated: April 14, 2023 11:33 pm
Syed Rukaya
Published: April 14, 2023
Share
4 Min Read
SHARE
Srinagar, Apr 14: Observing that there should be no “slackness, indifference and callous” attitude in consideration of the representation of the persons who are detained, the High Court of Jammu & Kashmir and Ladakh overturned the detention of seven persons, who were booked under Public Safety Act (PSA).
The court held that it is the bounden duty of the detaining authority or the government to consider the representation of the detenue and pass appropriate orders thereon.
“Article 22(5) of the Constitution of India, casts a legal obligation on the government to consider the detenu’s representation as early as possible,” Justice Moksha Khajuria Kazmi said while quashing detention order passed against Zaid Nazir Dar of Yaripora Kulgam.
The court held that any unexplained delay would be breach of constitutional imperative and it would render the continued detention of the detenu as illegal. 
“Each day’s delay in dealing with the representation has to be explained and the explanation offered must be reasonably indicating that there was no slackness or indifference,” Justice Kazmi observed.
Adding, “I am of the view that non-consideration of the detenu’s representation constitutes violation of the constitutional right guaranteed under Article 22 of the Constitution and also exhibits failure of the Government to discharge its statutory obligation/function. Therefore, for this reason alone, writ petition must succeed.”
Allowing separate habeas corpus petitions, the various single judge benches of the court also quashed detention orders of Abrar Hamid Wani of Chadoora Budgam, Faisal Ahmad Mir of Tral Pulwama, Mohammad Yousuf Ganai of Shopian, Bashir Ahmad Sualiah of Baramulla, Imran Qadir of Srinagar and Javaid Ahmad Dar of Redwani Bala Kulgam.
The court ordered their immediate release from their detention, if not needed in any other cases.
In three petitions, it was contended by the petitioners that the representation filed against the detention order has not been considered by the respondents till date.
“Because of non-consideration of the representation, the detention order is liable to be quashed.”
The petitioners in few petitions contended that respondents have not followed the constitutional and statutory safeguards inasmuch as the petitioner has not been furnished whole of the material relied upon by the respondents for framing the grounds of detention as a result of which, the petitioner has been hampered in making effective representation against the order of detention. 
It was also contended that the grounds of detention are vague, irrelevant and non-existent. 
The court after perusing the material on record observed that it was not possible for the petitioner to make effective representation against the order of detention in absence of the whole material.
Thus, the court said, the vital constitutional and statutory safeguards available to the detenue have been infringed which renders the impugned order of detention unsustainable in law. 
“It needs no emphasis that the detenue cannot be expected to make an effective and purposeful representation against his detention order which is his constitutional right, guaranteed under Article 22(5) of the Constitution of India, unless the material on which the detention is based, is supplied to him in its entirety,” the bench said.
The court held that failure on the part of the Detaining Authority to supply the entire material renders the detention order illegal and unsustainable under law. 
 
 
 
 
 
J&K augments ambulance service amid cross-border tension
Toddler mauled to death by Leopard in Handwara
DC Budgam lays foundation of community hall at Hushroo
DH Bandipora Steps Up for Blood Donation with NHPC
Plastic pollution poses threat to Kashmir’s Great Lakes trek

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Share This Article
Facebook Whatsapp Whatsapp Copy Link Print
Previous Article J&K logs 151 Covid-19 cases, active cases rise to 686
Next Article Chairperson DDC Udhampur inaugurates Devika Baisakhi Mela
Leave a Comment Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Stay Connected

1MFollowersLike
262kFollowersFollow
InstagramFollow
234kSubscribersSubscribe
Google NewsFollow

Latest News

Four drug peddlers arrested in Sopore
Breaking
May 28, 2025
Bomb disposal squad defuses three RPG shells found in Jammu’s Narwal
Breaking
May 28, 2025
“Would have been CM today had I backed BJP agenda: Mehbooba Mufti
Breaking
May 28, 2025
“Union govt, elected govt, and LG must work together to ensure Pahalgam attack is not repeated”: CM Omar Abdullah
Developing Story Jammu and Kashmir News
May 28, 2025

Recent Posts

  • Four drug peddlers arrested in Sopore
  • Bomb disposal squad defuses three RPG shells found in Jammu’s Narwal
  • “Would have been CM today had I backed BJP agenda: Mehbooba Mufti
  • “Union govt, elected govt, and LG must work together to ensure Pahalgam attack is not repeated”: CM Omar Abdullah
  • Sanjay Kumar Jha-led delegation meets ASEAN Secretary-General in Jakarta

Recent Comments

  1. BASHIR AHMAD BHAT on Poor hotel accommodation, lack of medical facilities irk Kashmiri pilgrims in Saudi Arabia, video goes viral
  2. sree vishnu movies on Pahalgam attack shatters Kashmir’s film tourism revival
  3. SavePlus on AI and Behavioural Analytics in Gaming: Making the World of Gaming Better
  4. Parul on Govt acknowledges faulty streetlights on Narbal-Tangmarg road
  5. dr gora on Women Veterinarians and the Goal of Viksit Bharat

Contact Us

Flat No 7,Press Enclave, Srinagar, 190001
0194 2477887
9971795706
[email protected]
[email protected]

Quick Link

  • E-Paper
  • About Us
  • Contact Us

Top Categories

Stay Connected

1.06MLike
262.5kFollow
InstagramFollow
234.3kSubscribe
WhatsAppFollow
Rising KashmirRising Kashmir
Follow US
© 2025. All Rights Reserved.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?