STATE TIMES NEWS JAMMU: Justice Ali Mohammad Magrey on MondaYY quashed the detention under PSA of Tanveer Ahmad Sheergojri, son of Gulzar Ahmad Sheergojri, resident of Checkpora, Newa, District Pulwama. While quashing detention order, Justice Ali Mohammad Magrey observed that ‘Communicate’ is a strong word which means that sufficient knowledge of the basic facts constituting ‘grounds’ should be imparted effectively and fully to the detenu in writing, that too in a language which he understands. The whole purpose of communicating the ‘grounds’ to the detenu is to enable him to make a purposeful and effective representation. If ‘grounds’ are only verbally explained to detenu and nothing in writing is left with him in a language which he understands, then that purpose is not served, and the constitutional mandate in Article 22(5) is infringed. Justice Ali Mohammad Magrey observed that examining present case on the touch stone of the position of law and perusal of record, the detenu was not supplied the materials relied upon by the detaining authority. The detenu was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention. On these counts alone, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention. Accordingly, the detention order No.39/DMP/PSA/19 dated 07.08.2019 is quashed and detenu, Tanveer Ahmad Sheergojri, son of Gulzar Ahamd Sheergojri resident of Checkpora, Newa, District Pulwama is directed to be released from preventive custody forthwith. The Judgment was announced by Vacation Judge, Justice Sanjeev Kumar.
