Sanjeev Sirohi
Srinagar, Mar 17, KDC: The Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of former Jammu and Kashmir High Court Bar Association President, Nazir Ahmad Ronga, citing vague and unsubstantiated allegations.
Ronga was detained under the Public Safety Act (PSA) following an order issued by the Srinagar District Magistrate on July 10, 2024. He was taken into custody from his residence in Nishat, Srinagar, during a midnight raid on July 11, 2024, and subsequently lodged at Kot Bhalwal Jail in Jammu. His family was not informed of the arrest at the time, and the incident was captured on CCTV footage.
Justice Sanjay Dhar, while delivering the judgment, said that the allegations in the detention order lacked material particulars and were not supported by any intelligence report, making it impossible for Ronga to effectively challenge his detention. The court held that his constitutional right under Article 22(5) of the Constitution had been violated, reported news agency Kashmir Dot Com.
Ronga’s detention order cited his alleged association with the separatist faction All Parties Hurriyat Conference (APHC-M) and past activities dating back to 1999, 2008, and 2010. However, the court observed that there was no recent activity attributed to him that justified preventive detention. It further noted that the language in the detention order closely resembled the police dossier, indicating a lack of independent application of mind by the detaining authority.
The court noted that preventive detention must be based on precise and concrete allegations, backed by evidence, rather than vague claims. It ruled that in the absence of specific details about Ronga’s alleged activities, the detention order amounted to a violation of due process.
With this ruling, the High Court quashed Ronga’s detention under the PSA and has directed authorities to release Ronga, reaffirming the principle that personal liberty cannot be curtailed on ambiguous and unsubstantiated grounds. (KDC)
