Jammu, Oct 20: Justice MA Chowdhary, while delivering the judgment, observed that the authorities had violated key constitutional safeguards guaranteed under Article 22(5) of the Constitution.
The court noted that the detaining authority had failed to inform Bhatti of his right to make a representation against the detention order and had not provided him with the complete material relied upon for his detention.
Waqar Bhatti was detained under Order No. DMR/PSA/01 of 2025 issued on February 21 by the District Magistrate & his detention was challenged through a habeas corpus petition filed by his brother, Ghulam Mustafa Bhatti, before the High Court at Jammu.
However, the court found that the grounds of detention were a “photocopy of the police dossier,” indicating a lack of independent application of mind by the authorities. The judgment also pointed out that Bhatti had not been supplied with the entire record supporting his detention, nor was the material explained to him in a language he understood.
Justice Chowdhary further criticized the administration for suppressing facts, noting that Bhatti had already been acquitted in one of the FIRs cited in the detention order, FIR No. 303/2018 under Section 124-A RPC registered at Police Station Bahu Fort, Jammu.
Court stated that personal liberty is one of the most cherished freedoms and emphasized that even a minor violation of procedural safeguards warrants the quashing of a detention order.
Following the court’s order, Bhatti was released from District Jail Kathua.
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