SRINAGAR: The Jammu and Kashmir High Court quashed the preventive detention order issued against Asif Sultan Saida by the Srinagar District Magistrate. The court found that Saida was not provided sufficient detention records and evidence, impeding his right to effectively appeal the order. Asif was jailed in August 2018.
Justice V C Koul directed the Manoj Sinha-led JK administration to release Asif Sultan from preventive detention unless he is required in any other case.
“It is unambiguously clear and evident from perusal of receipt of grounds of detention & other relevant record that only five leaves have been given to detenu,” the court judgement stated. It noted that Asif was not provided copies of the FIR, witness statements, and other investigation records related to the criminal case that formed the basis for his preventive detention under the Public Safety Act.
Consequently, Justice Koul directed “respondents to set the detenu at liberty forthwith provided he is not required in any other case.”
The Srinagar District Magistrate had ordered Asif’s detention based on the accusation of his involvement in a 2018 criminal case. He was accused of ‘harnessing known militants’, criminal conspiracy, and aiding and participating in militant activities.
Aasif Sultan was associated with the monthly magazine Kashmir Narrator, when he was taken into custody by the Jammu and Kashmir police on August 27 2018. He was booked under the Unlawful Activities (Prevention) Act (UAPA) and various other sections of the Ranbir Penal Code (RPC) – now the Indian Penal Code (IPC).
