SRINAGAR: The High Court of Jammu Kashmir and Ladakh has affirmed the preventive detention of a Sopore resident under the Public Safety Act (PSA), dismissing a habeas corpus petition that challenged the detention order. The ruling comes after a legal review of the detention’s validity and adherence to procedural norms.
The Chenab Times has learned that the judgment was delivered by Justice MA Chowdhary in a case concerning a petition filed by the wife of the detained individual, Ahsan-ul-Haq Khanday. The court heard arguments challenging the detention order issued by the District Magistrate of Baramulla.
The petition, filed on behalf of Ahsan-ul-Haq Khanday, son of Nazir Ahmad Khanday, a resident of Nowpora Kalan, Sopore, sought the quashing of detention Order No. 35/DMB/PSA/2024. This order, issued on May 16, 2024, by the District Magistrate under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, aimed to prevent the individual from acting in ways prejudicial to the security of the Union Territory.
Key arguments raised by the petitioner’s counsel included allegations that the detention was based on vague and unsubstantiated grounds, that essential materials were not provided to the detainee, and that he was not adequately informed of his right to make a representation. The petition also contended that the detention order relied on outdated information and was therefore legally flawed.
In response, the District Magistrate’s office presented a case for the necessity of the detention, emphasizing its preventive nature. It was argued that the detention was predicated on substantial evidence demonstrating the individual’s continued involvement in activities detrimental to public order and security, and that conventional legal measures had proven insufficient to curb his conduct.
The court’s examination of the case record revealed the detainee’s prior involvement in legal proceedings. He had been booked in FIR No. 82/2021 under Section 506 of the Indian Penal Code and Section 13 of the Unlawful Activities (Prevention) Act at Police Station Sopore. Although released on bail in that instance, authorities asserted his subsequent continued engagement in activities deemed anti-national.
According to the detention dossier, the individual was identified as an overground worker (OGW) associated with militant operatives linked to groups such as Hizbul Mujahideen and The Resistance Front (TRF). Allegations detailed his communication with a handler based in Pakistan and the alleged use of dark web applications for operational coordination.
The High Court found that the detention order, along with the grounds for detention, dossier, and relevant FIR copies, had been properly furnished and explained to the detainee in a comprehensible language. The court concluded that all procedural requirements stipulated by law had been met, thereby refuting the claim that the detainee was denied an opportunity to present an effective representation.
Addressing the contention regarding stale grounds, the court observed the detainee’s history of involvement in multiple cases registered at Police Station Sopore between 2009 and 2021. It was also noted that he had faced previous detention under the PSA in 2019. The court determined that the evidence presented indicated a pattern of continuous activity prejudicial to national security.
Justice Chowdhary underscored the established legal principles governing preventive detention, clarifying that its purpose is to avert potential threats to public order and national security, rather than to impose punishment. The court also highlighted that the scope of judicial review in such matters is primarily confined to assessing procedural compliance, not to re-evaluate the subjective satisfaction of the detaining authority regarding the sufficiency of the grounds.
Ultimately, the court found no discernible illegality or impropriety in the detention order. Consequently, the habeas corpus petition was dismissed, and the detention under the Public Safety Act was upheld.
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