The Jammu & Kashmir and Ladakh High Court has ordered the release of an Imam booked under PSA for violation of his constitutional rights.
Brief Facts:
In 2022, the District Magistate of Anantnag used his powers under J&K Public Safety Act (hereinafter referred to as the “PSA”) to issue a detention order which resulted in arrest of Molvi Mohammad Amin Pala. Under PSA, an individual can be detained based on an executive order for a maximum of two years, without trial, if their act is prejudicial to the security of the State or the maintenance of public order.
Contentions of the Appellant:
The detention order was challenged by the Petitioner, by claiming that it is in violation of Article 22(5) of the Constitution of India. Further, it was contended that the Petitioner was arrested without justification and placed in illegal confinement. The allegations/grounds of detention were claimed to be vague and fabricated, copied from the police dossier. Further, the counsel for the petitioner argued that the detaining authority did not provide him with material and documents, nor inform him of the time-frame within which he could make an effective representation, violating his rights under Article 22(5) of the Constitution of India.
Contentions of the Respondent:
The Respondents primarily argued that the grounds of detention were clear, relevant, and timely, with specific details about the detenue's activities and their impact. They argued that the grounds provided a comprehensive account of the detenue's actions, which posed a serious threat to the state's security and therefore justified detention under the PSA. They also claimed that all procedural safeguards and the detenue's constitutional rights were followed, including access to necessary material and information about his right to challenge the detention by making representations to the detaining authority.
Observations by the Court:
The court while citing a previous case of State Legal Aid Committee, J&K Vs. State of J&K & others (AIR 2005 SC 1270) observed the Imam was given 12 pages of documents but not provided with a copy of the communication from the Magistrate that led to his detention. The court emphasized that for the Imam to exercise his rights under Article 22(5) of the Constitution of India, he must be provided with the material on which his detention is based. Otherwise, he cannot make a meaningful representation against his detention.[1]
The court also noted that the detenue was not given a time frame to file his representation, violating his rights under Section 13 of the PSA and Article 22 of the Constitution of India. This was previously addressed in 'Jitendra Vs. District Magistrate' (2004 CriLJ 2967) by the Allahabad High Court.
The High Court found the Imam's detention grounds to be vague and lacking specific instances to justify his detention. He was accused of giving speeches against the sovereignty of Jammu and Kashmir, but the court ruled that the detention order was not valid since the detainee's right to liberty was not considered.
The decision of the Court:
The bench nullified the detention order and ordered the immediate release of the Imam.
Case Title: Molvi Mohammad Amin Pala Vs UT of J&K
Coram: Hon’ble Mr. Justice M. A. Chowdhary
Case No.: Writ Petition (Crl) No. 706/2022
Advocate for the Applicant: Mr. I.A. Parray
Advocate for the Respondent: Mr. Faheem Nisar Shah
Read Judgment @LatestLaws.com
[1] Dr. Rahamtullah Vs. State of Bihar & Anr., 1981 SCC(4) 559
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