“No Incident Beyond S.107 CrPC Proceedings, Vague Allegations": J&K High Court Quashes Detention Of Alleged Terror Sympathiser

In allowing his plea Chief Justice Tashi Rabstan and Justice M A Chowdhary observed,

“Since there was no detailing of any of the incident other than this proceeding under section 107 CrPC, the grounds of detention drawn by the detaining authority appear to be vague and in view of the vague grounds, the detenue was not in a position to move any meaningful and effective representation”

The case stemmed from a detention order issued by the District Magistrate, Pulwama, which was upheld by the Single Judge of the High Court. The detenue, through his father, filed a Letters Patent Appeal challenging this order, arguing that the grounds of detention were a verbatim copy of the police dossier, with no independent application of mind by the detaining authority. The detenue had already been bound down under Section 107 CrPC, with no further allegations against him post this preventive measure, they submitted.

Arguing that he was not provided with the material relied upon to justify his detention, it was submitted that this had violated his right to make an effective representation hence making the detention order was arbitrary.

The Division Bench extensively examined the detention order and found that the only alleged incident against Najar was a preventive proceeding under Section 107 CrPC, where police claimed he was found with a group of people at Gund Kakapora on July 7, 2023.

“It is also interesting to note that the complaint under section 107 CrPC, the Police Station, Kakapora had just mentioned that the detenue along with some other persons was found at Gund Kakpora on 07.07.2023 and that they could not explain as to how they were all there. It was not suffice to even proceed against the detenue under section 107 CrPC in view of the assertions made by the police in its complaint”, the court remarked.

The court added,

“Though the detenue had been shown working at the behest of one terrorist commander.. however, no such incident has either been diarized in the police dossier or in the detention order, which could have made the preventive detention of the detenue to prevent him from indulging in the activities, which were stated to be prejudicial to the security of the State”

Observing that the vague nature of allegations prevented the detenue from filing an effective representation, the Court set aside the Single Judge's order and quashed the detention, ordering Najar's immediate release unless he was required in any other case.

Case Title: Mohd Altaf Najar Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 75

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