HC quashes detention under PITNDPS of two ladies

Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court on Thursday quashed the detention under PIT NDPSA of Asha Bibi and Neelam Devi.

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While quashing the detention order of Asha Devi, Justice Rahul Bharti observed that mere placing of an order of rejection on the file of a detention record is not be taken as a fact that the said consideration order has been conveyed and communicated to the petitioner and that is reason that in his counter affidavit, the respondent No. 2 - Divisional commissioner, Jammu has not risked an averment that the petitioner has been duly communicated and conveyed about the fact of rejection of her representation. Court after Cumulative effect of all the aforesaid facts and circumstances of the case render the preventive detention of the petitioner vitiated with serious illegality and compromise of procedural compliances and, therefore, warrants to be set aside. Accordingly, the preventive detention Order No P