SRINAGAR: Authorities are guilty of committing an infraction of a constitutional right by not informing a detainee about the right to make representation to detaining authority, Jammu and Kashmir High Court has said.
“It can safely be stated that the respondents (authorities) by not informing the (detainee) about his right to make a representation to the detaining authority against the impugned order of detention, are guilty of committing an infraction of a Constitutional right guaranteed to the (detainee) under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act,” a Bench of Justice Sanjay Dhar said as per news agency GNS and quashed detention order under PSA passed by the deputy commissioner Budgam against one Aijaz Ahmad Dar of Nasrullapora as being “unsustainable in the eyes of law.”