PSA detention order issued by DM Pulwama quashed


JAMMU: Justice Javed Iqbal Wani quashed order of detention bearing No. 16/DMP/PSA/20 dated July 13, 2020 issued by the District Magistrate Pulwama, whereby Mohammad Rafiq Mir was placed under PSA.
While quashing the detention order, Justice Javed Iqbal Wani observed that perusal of grounds of detention/ order of detention would manifestly reveal that detaining authority has not drawn any satisfaction as per mandate laid down by the Apex Court in judgment ‘Surya Parkash Sharma’, while passing impugned detention order against detenue, so much so, the respondents have also failed to express any such compelling reasons even in their reply affidavit as well. The impugned order, thus in law, does not sustain on this count alone, the Court observed.
Court further observed that after perusal of record of petition, it was revealed that a representation has been made on behalf of detenue, by his father seemingly acknowledged to have been received by office of District Magistrate Pulwama, on July 18, 2020. The aforesaid contention has not been denied by respondents in their reply affidavit thus resulting into drawing an adverse inference against respondents in this regard. The failure of respondents to consider representation submitted by the detenue indisputably amounts to violation of provisions of Article 22(5) of the Constitution. With these observations, the High Court quashed aforesaid detention order and directed authorities to release the petitioner.