Excelsior Correspondent
Srinagar, Mar 17: High Court quashed the detention order of a former J&K Bar Association President with the direction upon the authorities to release him.
Justice Sanjay Dhar has quashed the PSA of former Bar Association President and advocate Nazir Ahmad Ronga. He was detained by the District Magistrate Srinagar on July 10, 2024 in order to prevent him from acting in any manner prejudicial to the security of the State.
The detention order has been challenged on the various grounds including non-application of mind on the part of the District Magistrate while passing the impugned order of detention submitting there is similarity in the language of the police dossier and the grounds of detention formulated by the detaining authority.
It has also been contended by his counsel that the allegations made in the grounds of detention against the petitioner-Ronga with regard to his association with APHC(M) group is absolutely baseless and the alleged activities attributed to the petitioner pertaining to the years 1999, 2008 and 2010 are also baseless.
The District Magistrate, Srinagar, filed his counter affidavit in opposition to the petition, wherein it has been contended that the petitioner-Ronga is affiliated to APHC(M) which is well-known for spreading anti-national sentiments and secessionist ideologies and had joined APHC(M) organization for the purpose of spreading terrorism and to carry out unlawful activities including secession of J&K from the Union of India.
The court after all these submission and perusal of the record said the allegations made in the grounds of detention, particularly those which have prompted the detaining authority to pass the impugned order of detention are vague, ambiguous, uncertain and lacking in material particulars.
“In fact, the detention record produced before this Court does not contain any intelligence report that would go on to show that the petitioner has continued to hold the same ideology for which he was detained in the year 2019”, reads the judgment.
The court has also quashed the PSA of one Tanveer Ahmad Khan citing vagueness of grounds of detention which strikes at the root of the subjective satisfaction of the detaining authority thereby vitiating the order of detention.
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