IIOJK High Court: Detention Grounds Must Be Specific, Quashes PSA Order

In a significant ruling, the Indian illegally occupied Jammu and Kashmir (IIOJK) High Court has affirmed its authority to scrutinize the grounds for detention, ensuring a prima facie connection between these grounds and the purpose of the detention order. The court’s stance highlights its role in safeguarding fundamental rights despite limitations on judicial review in such cases.

A bench of Justice Puneet Gupta emphasized that while the subjective satisfaction of the detaining authority cannot be critically examined by the court, it still has the jurisdiction to assess whether the grounds for detention are legitimately related to the purpose of the detention order. The court clarified that it does not function as an appellate body but has the prerogative to examine the coherence between the grounds cited and the objectives of the detention.

These remarks came in response to a plea filed by Mehtaba on behalf of her son, Ghulam Mohi-ud-Din Lone, challenging his preventive detention order. Lone had been detained under the controversial Public Safety Act (PSA) by the District Magistrate of Pulwama, citing allegations of supporting terrorist activities. Notably, the High Court had previously quashed Lone’s detention order in April 2022. However, authorities issued a fresh detention order in June 2022, citing similar grounds.

While recognizing the discretion of the detaining authority, the court asserts its role in ensuring that such powers are exercised within the bounds of legality and proportionality. This is a crucial move against the abuses of the BJP-led government, particularly in Indian-illegally occupied Jammu and Kashmir.

The case of Ghulam Mohi-ud-Din Lone exemplifies the importance of judicial oversight in preventing the misuse of preventive detention laws. The issuance of a fresh detention order despite the earlier quashing of the same raises concerns about due process and the need for stringent judicial scrutiny.

The High Court continues to assert its authority in examining detention orders on the continuous misuse of the Public Safety Act (PSA) against the people of Jammu and Kashmir.