Jammu & Kashmir High Court Quashes Imam's Detention Under PSA, Raps Detaining Authority For Acting On Vague Grounds

The Jammu and Kashmir and Ladakh High Court has recently quashed the detention order of an Imam, accused of delivering speeches to mobilize common masses against the sovereignty and integrity of the Union Territory of Jammu and Kashmir.

Justice M A Chowdhary observed that the grounds of detention are vague and stale, lacking any specific instances or incidents to justify the detainee's preventive detention.

Petitioner- Molvi Mohammad Amin Pala had challenged his preventive detention order citing breach of Article 22(5) of the Constitution. It was submitted that he was arrested in the month of October, 2021 by the police without any justification and was placed in illegal confinement, and it was to cover up this action that order under PSA was passed.

The detaining authority has not mentioned any FIR or involvement in any unlawful activity- in the grounds of detention, the Imam argued. It was further averred that the order impugned in terms of which he was taken into custody was not provided to him.

"In case the detaining authority intends to rely on the stand, as is reflected in the records, that the copies of the documents were furnished to the detenue through ASI Mushtaq Ahmad, then it was mandatory upon the said authority to place on record the affidavit of the said person", the bench underscored at the outset.

Elaborating further on the subject the court said that the detenue cannot be expected to make a meaningful exercise of his constitutional and statutory rights guaranteed under Article 22(5) of the Constitution of India unless and until the material on which the detention is based, is supplied to the detenue. If the detenue is not supplied the material on which detention order is based, the detenue cannot be in a position to make an effective and meaningful representation against his detention, the court said.

Commenting on the grounds on which the Imam had been detained, Justice Chowdhary said,

"No specific instance has been cited to justify as to what the detenue had said on what occasion, so as to order his preventive detention. The afore-stated grounds of detention, as such, are general allegations against the detenue, with no specific instances/incidents. The detention order based on such vague and stale grounds is not sustainable, for the reason that the detaining authority before passing the order has not applied its mind to draw subjective satisfaction to order detention of the detenue by curtailing his liberty which is a valuable and cherishable right guaranteed under Article 21 of the Constitution", the bench emphasised.

In view of the same the bench quashed the detention order and the detenue was ordered to be released from the preventive custody forthwith provided he is not required in connection with any other case(s).

Case Title: Molvi Mohammad Amin Pala Vs UT of J&K.

Citation: 2023 LiveLaw (JKL) 108

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