Excelsior Correspondent
JAMMU, Aug 2: In a bunch of judgments concerning the exercise of preventive detention under the Jammu & Kashmir Public Safety Act, 1978, the High Court of J&K and Ladakh has upheld two and quashed three detention orders.
Justice Vinod Chatterji Koul upheld the detention of Raja Ikhlaq Akbar, who was alleged to be involved in narco-terror activities with ties to Hizb-ul-Mujahideen operatives in Pakistan. The court cited ongoing and organized criminal conduct, stating that such acts warranted preventive detention to curb further threats to national security.
Justice Vinod Chatterji Koul also upheld the detention of Shahid Hamid, alleged to be an Over Ground Worker (OGW) affiliated with Al-Badr and The Resistance Front (TRF). The High Court found credible evidence including poster-pasting incidents promoting Pakistan’s Resolution Day, encrypted communications with handlers across the border, and logistical support to militants. These activities, the court ruled, posed a serious security threat.
Justice Sanjay Dhar quashed the detention of Mohammad Abdullah Bhat, detained since April 2024. The court held that the grounds of detention were based on stale incidents from 2016, with no proximate or current link to justify his continued detention. Moreover, the authorities failed to inform him about the rejection of his representation, a violation of his constitutional rights under Article 22(5).
Justice Sanjay Dhar also quashed the detention of Bilal Ahmad Dar, stating that essential documents-such as FIRs, statements of witnesses, and preventive bond records-were not supplied to the detenue. The court noted that the Government again did not communicate the rejection of the representation to the detenue in time, making the detention unlawful.
In a similar vein, Justice Sanjay Dhar set aside the detention of Safeer Ahmad Bhat, observing that no fresh prejudicial activity had been alleged after his prior release in September 2023.
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