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High Court Quashes PSA Detention of Pampore Man, Citing Legal Irregularities

The High Court of J&K and Ladakh has annulled a detention order issued under the Public Safety Act (PSA) against a 37-year-old man from Pampore, Pulwama. The individual, Ghulam Mohi-ud-din Lone from Androosa Khrew Pampore, had been detained under the District Magistrate, Pulwama’s Order (No.50/DMP/PSA/22) dated June 20, 2022.

Justice Puneet Gupta presided over the bench that made this ruling on Friday. The court emphasized that once a previous detention order has been nullified, the grounds mentioned in that order cannot serve as the basis for a new detention order.

The bench highlighted that the petitioner’s counsel argued convincingly that the vague grounds stated in the detention order deprived Lone of his statutory right to make a representation before the Advisory Board and the government. The court agreed with this contention.

It was noted that the right to representation is both statutory and fundamental, and Lone had been unjustly deprived of this right due to the ambiguous and unclear allegations in the detention order. This lack of clarity prevented Lone from adequately defending himself.

The High Court observed that the detention order was not in accordance with the law, leading to its quashing. The court’s decision underscores the necessity for clear and specific grounds in detention orders to uphold the detainee’s rights.

Furthermore, the court directed that Lone should be released from custody immediately, provided he is not required in connection with any other case. This ruling reinforces the importance of legal clarity and the protection of individual rights under the law.

This decision by the High Court serves as a reminder of the judiciary’s role in safeguarding constitutional rights against arbitrary administrative actions. It also highlights the importance of providing detainees with the opportunity to contest their detention effectively.

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