SRINAGAR: The Jammu and Kashmir High Court has quashed the detention order of a Kupwara man who was arrested first under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act-1988 and a year later under the Public Safety Act (PSA), reported The Tribune.
The court quashed the PSA detention of Abdul Hamid Rather of Tarathpora in Kupwara on technical grounds that he was not supplied the material relied upon by the detaining authority, that is the Divisional Commissioner, Kashmir, in the grounds of detention.
In the petition by the detenue’s wife, Zahida Begum, it was submitted that her husband was booked under the PSA vide a March 14 order passed by the Divisional Commissioner, Kashmir. Subsequently, he was lodged at District Jail, Baramulla.
“Examining the present case on the touchstone of the above-settled position of law, there are specific averments made in the petition that the detenu was not supplied the materials relied upon by the detaining authority,” Justice Ali Mohammad Magrey said in his orders on May 20, made available on Tuesday, reported The Tribune.