Early Times Report
JAMMU, Sept 11: In two significant rulings, the High Court of Jammu & Kashmir and Ladakh at Jammu quashed the preventive detention of two individuals held under the Public Safety Act (PSA), citing violations of constitutional and statutory safeguards. Justice M.A. Chowdhary delivered the judgments in both cases, directing the release of the detainees forthwith if not required in any other case.
In the first, Mohd. Jaffer Sheikh (45), son of Ghulam Mohd Sheikh, resident of Nattas, Dool, Kishtwar, had been detained under Order No. 6th/DM/K/PSA of 2024 dated 07.11.2024, passed by the District Magistrate, Kishtwar. Sheikh, represented by Mr. S. S. Ahmed, Advocate, argued that the detention order was based on stale cases, vague reports, and that he was denied crucial constitutional rights, including timely communication of his right to representation.
The government, represented by Mr. Eishaan Dadhichi, GA, defended the detention citing his alleged role as an "Over Ground Worker" linked to anti-national activities and potential threats to the Pakal-Dul hydroelectric project. However, the court found multiple lapses: reliance on decades-old and pending FIRs without proximate link, failure to communicate the time frame for representation, and non-supply of complete material. The court held the order arbitrary and quashed the detention, directing Sheikh's release
In the second, Sunil Kumar alias Kashu (25), son of late Krishan Lal, resident of Radwan (Khurd), Ramgarh, Samba, was detained under Order No. 01/PSA of 2025 dated 25.01.2025 by the District Magistrate, Samba. His petition, filed through his mother Nirmla Devi, was argued by Mr. Satyajeet, Advocate, who contended that the grounds of detention were not explained to him in a language he understood, that material was withheld, and that FIRs cited did not justify preventive detention.
The respondents, represented by Mr. Bhanu Jasrotia, GA, maintained that Sunil Kumar was repeatedly involved in criminal activities, including seven FIRs ranging from Arms Act violations to cattle smuggling cases, and that his actions posed a threat to public order. The court, however, observed that most FIRs pertained to minor offences under IPC Section 188 and the Prevention of Cruelty to Animals Act, which did not amount to a public order threat. It ruled that ordinary criminal law was sufficient to deal with such allegations and that PSA could not be used as a shortcut. Consequently, the detention was set aside and Sunil Kumar was ordered to be released.
Both rulings underscore the High Court's firm stance that preventive detention, being an exceptional measure curtailing personal liberty, must strictly comply with constitutional guarantees under Article 22(5). The court stressed that failure to provide material, reliance on stale or irrelevant FIRs, and denial of effective representation rights vitiate detention orders.
(JNF) |
