Jammu & Kashmir High Court Quashes Detention Order of Journalist Asif Sultan Citing Procedural Lapses

The court, in its judgment delivered by Justice Vinod Chatterji Koul, observed that the detention order was illegal and unsustainable as the detaining authority failed to provide Sultan with all the relevant material on which the order was based. This, according to the court, violated Sultan's rights under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act, 1978.

Sultan, a journalist working for the Kashmir Narrator, was arrested in August 2018 and booked under various charges, including sedition and criminal conspiracy. He was granted bail in these cases, but was subsequently re-arrested and detained under the PSA in April 2022.

Sultan's counsel Mr. G. N. Shaheen challenged the detention order on the ground that his detention order was vague, indefinite, and cryptic, lacking specific allegations against Sultan. It was argued that the detaining authority did not provide Sultan with the dossier and other relevant material used to justify the detention, rendering him unable to make an effective representation.

His counsel further highlighted that Sultan was not produced before the Advisory Board, depriving him of the opportunity to be heard and defend himself.

In response, the respondents, represented by Mr. Sajad Ashraf, the Government Advocate, defended the detention, emphasizing the perceived threat posed by Asif Sultan's activities to the state's security. He refuted the claim that relevant material had not been provided to the detenu, asserting that all necessary documents were handed over during the execution of the warrant.

After meticulously examining the detention record, Justice Koul noted that only five leaves of relevant documents were provided to Asif Sultan. The court highlighted the absence of crucial materials, such as copies of First Information Reports (FIRs) and statements, that had not been supplied to the detenu.

“The detention record, as noted above, does not indicate that copies of aforesaid First Information Reports, Statements recorded under Section 161 Cr. PC and other material collected in connection with investigation of aforesaid case was ever supplied to the detenu, on the basis whereof impugned detention order has been passed. The aforesaid material, thus, assumes importance in the facts and circumstances of the case”, Justice Koul recorded.

Drawing support from legal precedents, including Thahira Haris v. Government of Karnataka and Abdul Latief Abdul Wahab Sheikh v. B.K. Jha, the court underscored the importance of procedural requirements as safeguards for the detenu and recorded,

“In the present case, the procedural requirements, as discussed above, have not been followed and complied by the respondents in letter and spirit and resultantly, the impugned detention needs to be quashed.”

Based on these observations, the court quashed the detention order against Sultan and directed his immediate release.

Case Title: Asif Sultan Saida Vs Union Territory of J&K and anr.

Citation: 2023 LiveLaw (JKL) 312

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