IIOJK Court Quashed Arbitrary Detentions Under Public Safety Act

In a strong rebuke to the misuse of the Public Safety Act (PSA), the High Court of IIOJK has struck down two detention orders, emphasizing the importance of upholding citizens’ rights and following due legal process.

In a significant judgment, the High Court of Indian Illegally Occupied Jammu and Kashmir (IIOJK) has annulled two preventive detention orders under the controversial Public Safety Act. The court criticized the authorities for repeatedly ignoring legal standards and failing to present solid evidence to justify the detentions.

Justice Rahul Bharti, while hearing a petition regarding the detention of Mohammad Afreen Zargar, highlighted the flawed pattern of detentions in the region. Zargar, a resident of Baramulla, had been detained on 10 September 2024 under the PSA. However, the court found that the sponsoring authority and the officials issuing detention orders were neglecting established legal requirements.

The judge noted that despite repeated judicial clarifications, detentions are often based on inadequate material. This disregard for legal norms results in courts having to frequently overturn such cases. “The message of law is being lost,” Justice Bharti observed, referring to the authorities responsible for issuing these orders.

The court further added that Zargar’s detention was based on suppressed or withheld documents, which invalidated the legal grounds for his imprisonment. As a result, the bench declared the detention unconstitutional and void.

In a separate but similar case, Justice Mohammad Yousuf Wani overturned the PSA detention of Irshad Ahmad Dar. Dar had been held under a detention order issued by the District Magistrate of Baramulla on 21 July 2023.

Justice Wani underscored the importance of ensuring that preventive detentions are carried out with extreme caution. He emphasized that detaining an individual without due process infringes on a citizen’s fundamental human rights.

Both verdicts serve as a powerful reminder that the PSA should not be misused as a tool for arbitrary imprisonment. Courts have time and again reminded authorities that the law demands thorough documentation and justification for preventive detentions.

These rulings reinforce the idea that even in conflict zones like Indian Illegally Occupied Jammu and Kashmir, the rule of law must prevail, and basic human rights cannot be brushed aside in the name of security.