If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist

The court took note of the other reportings made by the detenu reflecting the non-partisan approach in its reporting. The court referring to those reportings observed that, "if this information would have been brought to the notice of detaining authority, things would have been different and the detenu would not have been languishing in jail but would have been, at this moment, serving the Nation."

A bench of Justice Vinod Chatterji Koul observed that it was very unfortunate that respondents had labelled the detenu as “not a peaceful citizen of India” and said that if a "peace-loving citizen like detenu himself is treated in such a harsh way and placed under preventive detention then no 'peace' or ' a peace-loving citizen' will be left."

The court said that material placed on record by the petitioner shows facts contrary to that by detaining authority. It showed that the detenu's mother and her family were credited for unequivocal services to the country at a critical time in national broadcasting history in Kashmir.

The court said that the detaining authority had relied on the FIR which relates to the matter of defamation and that the detaining authority was oblivious to the fact that such grounds would not affect the sovereignty, security and integrity of the world's largest democratic country.

BACKGROUND

In this case, the petitioner was a senior journalist who was placed under preventive detention by the order of District Magistrate, Srinagar. The detention was based on certain newspaper reports and social media posts together with an FIR on charges of defamation.

The petitioner argued that he was a renowned journalist who had exposed anti-social elements, and proclaimed offenders through his investigative journalism. He also contended that FIR which has been made as a ground of detention for that he was already released on bail.

The court while quashing the detention severely criticized the authority for misusing the detention orders. The court said that perusal of the grounds of detention reveals that the grounds are vague and ambiguous, and do not refer to any date, month or year of the activities, which have been attributed to detenu.

Therefore, it said that placing the petitioner in preventive custody on the basis of such vague and ambiguous grounds of detention cannot be justified and quashed the same.

Case Title: Majid Hyderi Vs UT Of J&K 

Citation: 2025 LiveLaw (JKL) 49

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