Authorities failed to apply mind, IIOJK HC orders release of detainees
Jammu: In two significant rulings, the High Court of Indian illegally occupied Jammu and Kashmir quashed detention orders passed under the draconian Public Safety Act (PSA) and directed the immediate release of two detainees, holding that the authorities had failed to apply their mind and follow constitutional safeguards.
According to Kashmir Media Service, the first case pertained to Jaffer Hussain Butt of Kishtwar who had challenged his detention order of December 24, 2024, issued by the District Magistrate. The order was based on old FIRs registered in 2019 and police dossiers accusing him of ‘militant’ sympathies. His counsel, Advocate Firdous Tak, argued that the detention order was a verbatim reproduction of the police dossier without independent satisfaction by the authority. Justice Vinod Chatterji Koul noted that the representation filed by the detenu had not been considered before referring the case to the Advisory Board, violating safeguards guaranteed under Article 22(5). The court quashed the order and directed Butt’s immediate release if not required in any other case.
In the second case, the Court examined the detention of Mohammad Kalu of Gujjar Basti, Miran Sahib, Jammu, who had been detained under PSA. His mother submitted that the complete material relied upon by the authorities had not been supplied to the detenu, nor were the grounds of detention explained to him in a language he understood. The Court observed that this denial disabled him from making an effective representation. Referring to Supreme Court precedents, Justice Koul held that non-supply of documents vitiated the detention and directed Kalu’s release forthwith if not required in any other case.
It is worth mentioning that the PSA, described by Amnesty International as a “lawless law,” has been extensively used by India to stifle dissent in occupied Jammu and Kashmir. Legal experts maintain that such arbitrary detentions reflect India’s oppressive tactics to silence Kashmiris’ demand for their UN-acknowledged right to self-determination. Kashmiris continue to view India as an aggressor and illegal occupier in Jammu and Kashmir.
