Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention

“According to the petitioner, he has been active in mainstream politics and in order to substantiate his contention, he has highlighted his activities in the events like Har Ghar Tiranga and hoisting of national flag at Char Chinari. The petitioner may have been associated with the aforesaid nationalist activities but that does not insulate him and provide him an immunity from being proceeded against for indulging in serious criminal activities which endanger the peace of the society”, a bench of Justice Sanjay Dhar observed.

Renzu was detained by the District Magistrate of Srinagar under preventive detention on October 4, 2023. He challenged the detention order, arguing that it was issued without proper application of mind and that the grounds for detention were fabricated by the police.

He further contended that the detention order was vague and based on stale incidents with no bearing on his current activities. Additionally, he claimed that he was not provided with all the relevant material relied upon for his detention and that his representation against the order was not considered.

On the other hand, the respondents defended the detention order, stating that Renzu's past activities, as evidenced by seven FIRs registered against him between 2013 and 2023, demonstrated a propensity for acts prejudicial to public order. They further asserted that Renzu was provided with all necessary documents, including the grounds of detention, dossier, and copies of related FIRs and witness statements.

Addressing the non-receipt of the representation, the court acknowledged the petitioner's claim but noted the absence of a receipt or postal acknowledgement as proof and deemed it a disputed question of fact outside the scope of its writ jurisdiction.

The court then addressed the contention of incomplete disclosure of material. After reviewing the detention record, the court found that Renzu had received copies of the detention order, grounds of detention, dossier, relevant FIRs, witness statements, and other documents, totalling 41 leaves. This documentation, substantiated by a receipt signed by Renzu, contradicted his claim.

Moving on to the vagueness of the detention grounds, the court found them specific, referencing the seven FIRs and outlining the alleged activities. The court highlighted,

“The latest incident, which finds mention in the grounds of detention, pertains to the year 2023, which is proximate in time to the date of impugned detention order. The contention of the petitioner that there is no proximate link between the incidents mentioned in the grounds of detention and the date of order of detention is, therefore, contrary to the record”.

Lastly, the court dismissed Renzu's argument about his nationalist activities shielding him from detention. The court emphasized that such activities do not grant immunity from criminal acts that endanger public order. His participation in events like Har Ghar Tiranga and hoisting the national flag, while commendable, did not absolve him of potential criminal activities, the bench underscored.

In conclusion, the court found no merit in Renzu's petition and dismissed it.

Case Title: AQIB AHMAD RENZU Vs UT OF J&K

Citation: 2024 LiveLaw (JKL) 158

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