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Unexplained Representation Delay And Stale Material Invalidated PSA Detention

Unexplained Representation Delay And Stale Material Invalidated PSA Detention

A Division Bench of the Jammu & Kashmir and Ladakh High Court set aside the dismissal of a habeas petition and quashed the detention order on two grounds — an unexplained delay of nearly five months in deciding the detenue’s representation, and failure to establish a live and proximate connection between the material relied upon and the need for detention.