The High Court of Jammu and Kashmir and Ladakh has quashed the detention of a South Kashmir youth lodged in Agra Jail of Uttar Pradesh under the Public Safety Act.
After being arrested by police in 2020 the accused Jahangeer Ahmad Malik son of Ghulam Qadir Malik, a resident of Kiloora Shopian was shifted to Kathua Jail where he was taken to outside Jammu and Kashmir and detained at Agra Jail.
The Counsel for the accused, Advocate Bashir Ahmed Tak argued that the detaining authority has not attributed any specific allegation
against the detenue. Furthermore, it was also stated that the detenue has been incapacitated in filing a representation as the grounds of detention were not in a language which could be understood by the detenue.
As per details available with The Kashmiriyat, the counsel of Jahangeer Ahmad Malik argued that there was no specific allegation against the detenue.
The counsel also argued that the grounds of detention are not in a language that could be understood by the detenue. “The detenue is not an English literate person and he understands only Urdu/Kashmiri languages but the order of detention is in English and it is not possible for him to understand such a hyper-technical language” the counsel argued.
Without mentioning the fact that the detenu had already been released on bail in the six FIRs mentioned by the Police, by a court of competent jurisdiction, which reflects non-application of WP (Crl) No. 205/2021 mind on the part of detaining authority.
It is pertinent to mention here that preventive detention is not a quick alternative to normal legal process, is what is held by the Supreme Court in V. Shantha v. State of Telangana & Ors, AIR 2017 SC 2625, argued the counsel.
“Grounds of detention make reference of six FIRs to have been registered against detenu. Involvement of detenu in aforesaid cases appears to have weighed with WP (Crl) No. 205/2021 detaining authority, while making detention order. The record, as noted above, does not indicate that copies of aforesaid First Information Reports, statements recorded under Section 161 Cr.P.C. and other material collected in connection with investigation of aforesaid cases, was ever supplied to detenu,” Jahangeer’s counsel argued.
It appears that the detaining authority has taken note of these stale incidents of criminal activities of the detenue to base his detention as such, the detention order gets vitiated for “non- application of mind,” the petitioners argued.
“Respondents, including concerned Jail Superintendent, are directed to release the detenu forthwith, provided he is not required in any other case(s). Xerox copy of Detention record, as produced, be returned to the learned GA,” The court of Justice Muhammad Akram Chowdhary observed.
He has already been released on bail in those cases by court of competent jurisdiction, which reflects non-application of mind on the part of detaining authority.
“For the foregoing reasons, writ petition is disposed of and detention Order no.94/DMS/PSA/2021 dated 18.10.2021, passed by District Magistrate, Shopian is quashed,” the court ordered.
Respondents, including concerned Jail Superintendent, are directed to release the detenue forthwith, provided he is not required in any other case, the court ordered.