IIOJK High Court Overturns Advocate Mian Muzaffar’s Detention Under PSA

When justice is overshadowed by vague accusations, courts become the last bastion of hope for upholding constitutional rights.

The High Court of Indian Illegally Occupied Jammu and Kashmir (IIOJK) has nullified the detention of Advocate Mian Muzaffar, who was held under the contentious Public Safety Act (PSA) in July 2024. Justice Moksha Khajuria Kazmi presided over the case, ruling that the detention order failed to meet statutory requirements due to vague and insufficient grounds.

Advocate Muzaffar was accused of promoting certain ideologies allegedly influenced by his uncle, Mian Abdul Qayoom, a prominent lawyer and former president of the High Court Bar Association in the region. The authorities based their detention order on claims that Muzaffar had organized events in collaboration with senior Hurriyat leaders Syed Ali Gilani and Muhammad Yasin Malik. However, the court found these allegations baseless, highlighting that Syed Ali Gilani passed away in 2019, and Yasin Malik has been imprisoned since 2020, making such activities chronologically impossible.

Justice Kazmi criticized the detaining authority for issuing a detention order that relied on irrelevant and unsupported evidence. The court noted that the materials presented were extraneous to the statute’s scope and failed to substantiate the detention.

Further, the judgment underscored the violation of constitutional rights. The authorities had neglected to provide Muzaffar or his family with the relevant documents supporting the detention, denying him the opportunity for fair representation. Citing precedents set by the Supreme Court, Justice Kazmi emphasized that detainees must be given all pertinent facts to prepare their defense.

The court also scrutinized the Advisory Board’s failure to justify the claims against Muzaffar. Justice Kazmi ruled that the detention lacked a valid cause and directed Muzaffar’s immediate release, reaffirming his fundamental rights and the importance of due process.

This verdict not only restores Advocate Muzaffar’s freedom but also serves as a critical reminder of the judiciary’s role in safeguarding constitutional rights against misuse of draconian laws like the PSA.