HC quashes second detention in PSA

01/08/2019

SRINAGAR, JULY 31: Justice Ali Mohammad Magrey quashed the second detention of Bilal Ahmad Bhat on the ground that No other material / documents, as referred to in the order of detention and the grounds, are shown to have been supplied to the detenu. On these counts alone, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention.
While quashing the PSA, Justice Ali Mohammad Magrey observed that Regarding other ground urged at bar relating to passing of second detention order the question that needs consideration is whether such course was permissible in terms of section 19 of the Public Safety Act 1978. This section permits passing of second detention order where the earlier order passed in respect to a person is revoked or modified by the government or is not legal on account of any technical defect. In the instant case the first detention had been quashed by the court and, therefore, the authorities were not competent to pass fresh detention order on basis of same facts and circumstances as indicated above. As noticed there is neither any fresh material nor new activity attributable to the detenu of his continuous lodgment in Central Jail (Kot-Bhalwal) Jammu and his second detention is thus liable to be set aside on this ground alone as well.
With these observations High Court quashed the detention order no. 65/DMP/PSA/18 dated 09.11.2018. JNF

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