Srinagar, September 13: The High Court of Jammu & Kashmir and Ladakh at Srinagar has set aside a detention order passed under the Jammu and Kashmir Public Safety Act (PSA), ruling that general security concerns linked to the Shri Amarnath Ji Yatra cannot, by themselves, justify the preventive detention of an individual without concrete and specific material connecting him to a potential threat to the security of the State.
Justice M.A. Chowdhary, while deciding the matter, underscored that preventive detention is an exceptional measure and must be supported by relevant, recent and proximate material demonstrating a genuine possibility of the detenue engaging in activities prejudicial to the security of the State.
The Court observed that the administration has a legitimate responsibility to maintain security and ensure the peaceful conduct of the Shri Amarnath Ji Yatra, particularly given the sensitive nature of the annual pilgrimage.
However, the Bench made it clear that the importance or sensitivity of the Yatra cannot be used as a substitute for evidence against a particular individual.
The Court held that a broad security apprehension arising from a sensitive event must be distinguished from specific material showing the involvement or likely involvement of the concerned person in activities posing a threat to the security of the State.
Stale Material, Non-Supply of Documents Cited
While examining the detention record, the High Court also found several shortcomings in the manner in which the detention order had been processed.
The Court noted that the authorities had relied upon material which was not sufficiently fresh or proximate to establish a reasonable likelihood of future prejudicial activity.
The Bench further took note of the failure to furnish the detenue with all the documents and material relied upon for passing the detention order. Such material, the Court observed, is necessary to enable a detenue to effectively exercise the constitutional right to make a representation against the detention.
Another significant issue before the Court concerned the communication of the grounds of detention. The Court found that the authorities had failed to establish that the grounds and relevant material had been effectively communicated to the detenue in a language that he could properly understand.
Article 22(5) Safeguards Emphasised
The High Court reiterated that constitutional safeguards governing preventive detention cannot be treated as mere procedural formalities.
Article 22(5) of the Constitution requires that a person detained under preventive detention laws be informed, as soon as may be, of the grounds on which the detention order has been made and be afforded the earliest opportunity to make a representation against the order.
The Court held that non-compliance with these safeguards strikes at the legality of the detention itself.
PSA Detention Order Quashed
In view of the deficiencies identified in the detention proceedings, the High Court concluded that the statutory and constitutional requirements for sustaining the preventive detention had not been fulfilled.
The Court consequently quashed the PSA detention order and directed that the detenue be released forthwith, provided his custody was not required in connection with any other case.
The ruling reinforces the principle that while maintaining security during sensitive events such as the Amarnath Yatra is a legitimate governmental responsibility, preventive detention must still satisfy the requirements of law and cannot rest solely on generalized apprehensions or the sensitivity of the prevailing security environment.(KNC)
