Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week.

A bench comprising Justice Rahul Bharti observed,

"Through this writ petition, a very disturbing scenario has been presented before this Court which cannot be left to be dealt with in a routine manner except at the cost of undermining the Rule of Law which is meant to govern and is governing this Country irrespective of place or region"

Justice Bharti passed these directions while hearing the petitioner, through his father, who invited the court's attention to the fact that despite an order quashing his preventive detention last year, the petitioner continues to remain unlawfully confined by the respondents.

Perusal of the record revealed that the preventive detention order issued by the District Magistrate of Baramulla, under Section 8(a) of the J&K Public Safety Act, 1978, was found to suffer from a lack of application of mind. Consequently, the court quashed the detention order and directed the respondents of the writ petition to release the petitioner immediately if not required in any other case.

However, to the petitioner's dismay, the order for release has not been implemented, and he remains confined in the Central Jail, Agra, despite the quashment of the detention order. Seeking his release and compensation for the ongoing illegal custody amounting to wrongful confinement, the petitioner and his father have approached the court through this writ petition.

Recognizing the seriousness of the case and the violation of the petitioner's fundamental rights guaranteed under Article 21 of the Indian Constitution, the bench issued notice to the District Magistrate of Baramulla directed him to produce the petitioner before the court on the next date of hearing, where the District Magistrate himself is also required to be present in person.

The court has set the next hearing for 29th May 2023.

Case Title: Muzamil Manzoor War Vs UT of J&K.

Counsel For Petitioner: Mr Shafqat Nazir & Mr Shabir Ahmad Bhat.

Click Here To Read/Download Order