SRINAGAR: In a significant legal development, the Jammu and Kashmir and Ladakh High Court has quashed a detention order issued under the Jammu and Kashmir Public Safety Act, 1978, ruling that preventive detention based on mere suspicions and conjectures from law enforcement authorities cannot be justified.
A bench led by Justice Rahul Bharti delivered the verdict on Wednesday, underscoring the necessity for specific and fact-based grounds for detention. The court’s ruling came in response to a habeas corpus petition filed by Jehangir Ahmad Mir, challenging his detention ordered by the District Magistrate, Srinagar, in June 2022.
Mir’s detention was predicated on allegations of activities prejudicial to the “security of the state,” as outlined in a dossier prepared by the Senior Superintendent of Police (SSP) of Srinagar. However, the court found the grounds of detention lacking in factual details, pointing out that they failed to provide Mir with a clear understanding of the accusations against him.
Justice Bharti, citing established legal precedents, highlighted the importance of objective and specific grounds for preventive detention. He observed that detention orders based on vague or factually deficient statements are vulnerable to challenge and quashment.
Consequently, the High Court ordered Mir’s immediate release and directed the District Magistrate, Srinagar, to ensure his safe release from custody.
