Jammu and Kashmir High Court Condemns 'Non-Serious' PSA Detention, Orders Immediate Release
In a scathing rebuke of administrative negligence, the Jammu and Kashmir High Court has quashed a detention order under the Public Safety Act (PSA), describing the process as exhibiting a level of 'non-seriousness' that surpasses even the sloppiness involved in issuing a routine traffic challan. The court has ordered the release of Shabir Ahmad Dar, a 28-year-old resident of Kokernag in Anantnag, who had been jailed for nearly two years under the preventive detention law.
Court Highlights Illegal Detention from Inception
A single-judge bench presided over by Justice Rahul Bharti delivered the landmark ruling, declaring the detention of Dar as 'illegal right from its inception'. The PSA, which permits detention for up to two years without trial, was invoked against Dar on April 20, 2024. Justice Bharti emphasized the severe procedural flaws, stating that the authorities' approach lacked the basic diligence expected in even minor administrative actions.
'This court has no hesitation in observing that J&K Public Safety Act against the petitioner has been invoked by non-seriousness of standard with which even a motorist is not subjected to a routine traffic challan,' Justice Bharti remarked in the recent order. This criticism underscores a broader pattern of alleged misuse of the PSA, a concern long voiced by J&K politicians including former Chief Minister Mehbooba Mufti and Peoples Conference leader Sajad Lone, who have highlighted hundreds of illegal detentions.
Flawed Police Dossier and DM's Lack of Scrutiny
The case originated when the Anantnag Senior Superintendent of Police (SSP) submitted a two-page dossier to the District Magistrate (DM) on April 17, 2024, seeking Dar's detention under PSA. The dossier claimed that Dar's activities were 'prejudicial to J&K's security'. Relying on this, the DM issued the detention order twelve days later, sending Dar to a prison in Jammu. Section 8 of the PSA grants DMs the authority to detain individuals on security grounds.
However, the grounds for detention were based on:
- A First Information Report (FIR) from July 2022 under the Unlawful Activities (Prevention) Act (UAPA), in which Dar was not named as an accused or undertrial.
- Allegations of Dar working at a madrassa in Kokernag.
- Claims of suspicious activities on social media platforms such as Facebook, WhatsApp, and Snapchat.
Justice Bharti Questions Authorities' Reasoning
Dar challenged his detention in the High Court in May 2024. Justice Bharti's examination revealed critical lapses, noting that the detention 'is literally on the dictation of the SSP Anantnag, with the DM Anantnag, at no point of time applying his own independent mind'. The judge questioned how authorities could justify detention based on an FIR that did not involve Dar, raising doubts about the validity of the perceived threat to state security.
'To put it simply, the petitioner has been subjected to preventive detention custody just by a blank reference on the part of the SSP followed by equally bland application of mind on the part of the DM Anantnag,' the High Court concluded. This ruling not only secures Dar's freedom but also sets a precedent for stricter scrutiny of PSA detentions, potentially impacting future cases and reinforcing judicial oversight over preventive detention practices in the region.
