In a significant ruling, the High Court of Jammu Kashmir has quashed the Public Safety Act detention of Kashmiri journalist Sajad Gul. The court’s decision, citing vague grounds and violations of constitutional rights, marks a crucial turn in the case that began with Sajad’s arrest in January 2022.
The court order accessed by The Kashmiriyat, issued by Justice M.A Choudary on November 09, highlighted that the grounds for Sajad Gul’s detention consisted of general allegations without specific instances or incidents. The order stated that such vague grounds didn’t justify curtailing Sajad’s liberty, violating his rights guaranteed under Article 21 of the Indian Constitution. Reference was made to Supreme Court judgments in similar cases to support this argument.
The detention order faced criticism for its incompleteness in providing necessary documents, reliance on vague grounds, and the denial of an effective representation, violating both statutory provisions and constitutional guarantees. Consequently, the court allowed the appeal, setting aside the judgment and quashing the detention order. The authorities were instructed to release Sajad Ahmad Dar from preventive custody.
Sajad, a journalism student at Central University of Kashmir, was initially arrested by the Army and later handed over to the police. His arrest was followed by being booked under various sections of the Indian Penal Code. Despite expectations of his release on bail, the family faced difficulties locating him, eventually discovering his transfer to Jammu’s Kot Bhalwal Jail and later to Uttar Pradesh.
The Jammu Kashmir police, in their dossier, accused Sajad Gul of allegedly reporting less about the welfare of Jammu Kashmir and promoting enmity, posing a potential threat to the country’s sovereignty through his journalistic work.
The court’s decision follows meticulous scrutiny of the grounds of detention, which lacked specific allegations linking his activities to the State’s security threat.
In its order, of which a copy is available with The Kashmiriyat, the court observed The detaining authority acknowledged Sajad’s professional role as a media reporter, emphasizing his duty to cover local events, including those involving security forces. Despite this, the detention appeared to be a targeted measure against the journalist, portraying an alarming trend of restraining critics of governmental policies—a misuse of preventive laws.
The court highlighted the absence of any evidence indicating Sajad’s publication of false stories or incitement of enmity against the state. Moreover, it stressed the inadequacy of grounds alleging Sajad’s negative criticism through tweets, arguing that truthful media reporting cannot be equated with inciting public unrest.
Delving into specifics, the court underscored the general nature of the allegations in the detention order, deeming them insufficient to justify curtailing an individual’s liberty—a fundamental right safeguarded under Article 21 of the Indian Constitution.
Citing legal precedents, including judgments from the Hon’ble Supreme Court in cases such as ‘Jahangirkhan Fazal Khan Pathan v. Police Commissioner, Ahmadabad’ and ‘Abdul Razak Nanekhan Pathan v. Police Commissioner, Ahmadabad,’ the court highlighted the lack of subjective satisfaction by the detaining authority before ordering Sajad’s preventive detention.
This decision marks a critical evaluation of preventive laws and their application, emphasizing the need for specific, substantiated grounds before curtailing an individual’s freedom—a significant step in upholding constitutional rights in matters of detention and liberty.
The court’s decision, based on a meticulous scrutiny of the case, unearthed critical deficiencies in the entire detention process, specifically highlighting lapses in document provision and the absence of a meaningful representation opportunity.
Central to the court’s ruling was the glaring omission in providing Sajad Gul with the complete set of records and documents used as a basis for his detention.
This significant oversight, compounded by the vague and unsubstantiated grounds for detention, infringed upon Sajad’s rights as guaranteed by both the statutory provisions of the Jammu Kashmir Public Safety Act and the constitutional safeguards under Article 22(5) of the Indian Constitution, as per the order.
Consequently, acknowledging these grave lapses, the court granted the appeal filed by Sajad Gul, overturning the judgment dated December 1, 2022, rendered by the Single Judge.
As a result, the court upheld the Writ Petition (WP Crl No. 09/2022) filed by Sajad Gul, leading to the unequivocal annulment of the contested detention order (No. 25/DMB/PSA of 2021-22, issued on January 14, 2022) by the Respondent-District Magistrate, Bandipora.
In a directive echoing the urgency of justice, the court emphatically ordered the immediate release of Sajad Ahmad Dar, son of Gh. Mohammad Dar, a resident of Shahgund, Tehsil Hajin, District Bandipora, from preventive custody, unless his presence was deemed indispensable in any other ongoing legal matter.