IIOJK HC quashes PSA detentions of Advocate Mian Muzaffar, orders his immediate release
IIOJK HC quashes PSA detentions of Advocate Mian Muzaffar, orders his immediate release
Srinagar: The High Court of Indian illegally occupied Jammu and Kashmir has quashed the detention of advocate Mian Muzaffar under the black law, Public Safety Act (PSA).
According to Kashmir Media Service, advocate Mian Muzaffar was detained in July 2024, under the draconian law.
Justice Moksha Khajuria Kazmi, presiding over the case, ruled that the detention order was based on vague and insufficient grounds, failing to meet the statutory requirements.
Muzaffar was accused of propagating ideologies, allegedly influenced by his uncle, Mian Abdul Qayoom, a senior lawyer and former president of the High Court Bar Association of occupied Jammu and Kashmir.
The court noted that the detention order relied on flimsy grounds, including vague claims about organising seminars with senior Hurriyat leaders Syed Ali Gilani and Muhammad Yasin Malik.
The court pointed out that Syed Ali Gilani passed away in 2019, and Yasin Malik had been imprisoned since 2020, making it chronologically impossible for Muzaffar to have organised any recent events with them.
The judge criticised the detaining authority for failing to apply its mind, stating that the detention order was based on “material extraneous to the scope and purpose of the statute.”
The court also underscored the violation of Muzaffar’s constitutional rights, as the authorities had failed to provide him with the relevant material supporting the detention order, despite requests from his family. Citing Supreme Court precedents, the judgment noted that individuals must be given all pertinent facts to ensure their right to a fair representation.
Justice Kazmi concluded that the detention lacked sufficient cause and failed to justify the claims made by the Advisory Board. As a result, the High Court quashed the detention order and directed Muzaffar’s immediate release.
