High Court has quashed detention under infamous Public Safety Act (PSA) of a 10th class student Tariq Ahmad Lone saying authorities prevented him from representing his case.
A bench of Justice Ali Muhammad Magrey quashed the detention order under PSA against Tariq after his father challenged the detention order issued by District Magistrate Bandipora on September 12 last year.
The court also ordered his immediate release from custody.
“The detenue was not supplied materials relied upon by the detaining authority. It is stated that the detenue was only provided material in the shape of grounds of detention. No other material documents as referred to by in the order of detention and the grounds are shown to have been supplied to the detenue. Further, the grounds for detention shown to have been served on and supplied to the detenue are in the English language,” the bench said.
“The detention order no 31/DMB/PSA of 2016 dated 12.09.2016 passed by District Magistrate, Bandipora, is quashed and the detenue Tariq Ahmad Lone son of Abdul Majid Lone of Vijipara Hajin, District Bandipora, is directed to be released from preventive custody forthwith. The matter stands accordingly disposed of along with all connected MPs,” the court said.
Earlier, the counsel for detenue Advocate Nasir Qadri argued that no compelling reason or circumstance was disclosed in the order or grounds of detention to keep the detenue in preventive detention.
“My client is studying in 10th standard and he not able to understand the English. He is only able to understand Kashmiri language but the order of detention was furnished in English and no translated script in Kashmiri was furnished to the detenue nor was the grounds read over and explained to him in the language he understood. The detention order deserves to be quashed,” the counsel said.