The Jammu and Kashmir High Court has upheld the preventive detention of Imran Nabi Wani, the main accused in the DSP lynching case that occurred in Srinagar's Nowhatta area in 2017. The incident, which took place on the night of June 22nd and 23rd, 2017, saw a Deputy Superintendent of Police (DSP) from the J&K Police security wing being lynched to death by a mob outside Jamia Masjid in Srinagar.
The officer was posted at the mosque to supervise security during a large gathering on the eve of Shab-i-Qadr when the mob attacked him, snatched his service pistol, and brutally assaulted him until he succumbed to his injuries. Subsequently, Imran Nabi Wani was detained under the J&K Public Safety Act 1978 to prevent him from engaging in further illegal activities.
However, Wani challenged his preventive detention, arguing that he had been granted bail in the lynching case, a fact that the detaining authority allegedly failed to consider. He also raised concerns about the vagueness of the allegations against him and the lack of fresh activities attributed to him since 2017. Furthermore, Wani contended that the detaining authority relied solely on the police dossier and did not independently prepare the grounds for detention.
Justice M. A. Chowdhary, presiding over the Habeas Corpus petition, clarified that the legal position regarding preventive detention of a person already in custody for a substantive offence is well established. Such preventive detention is not commonly ordered, but it can be justified if there are compelling reasons to believe that the person might be released on bail, acquitted, or discharged in the substantive offence.
The court emphasized that preventive detention is not punitive but rather a preventive measure aimed at protecting society. In this case, the grounds of detention and the detaining authority's satisfaction were based on material indicating Wani's involvement in the DSP lynching case.
According to the court, "Detenue along with other anti-national elements attacked the said officer, snatched his service pistol, and thrashed him ruthlessly till he succumbed to the beating and died on the spot. The accused persons didn’t stop there but inhumanely dragged the dead body of the deceased out from the area adjacent to the mosque, tore his clothes, and left the body without clothes and other belongings."
The petitioner's claim of not receiving relevant material for an effective representation was dismissed, as he had been provided with copies of the detention warrants, grounds of detention, dossier, and related documents.
Justice Chowdhary clarified that the court does not examine the accuracy of the facts mentioned in the grounds of detention, as it does not act as a court of appeal to find fault with the detaining authority's satisfaction based on the material before them.
Based on these considerations, the bench found the petition devoid of merit and subsequently dismissed it, upholding the preventive detention of Imran Nabi Wani in connection with the DSP lynching case.
Source: Link
Picture Source :
