J-K High Court Quashes Detention Order,Awards Two lakh Compensation To Detainee
Srinagar, Jun 20: The High Court of Jammu and Kashmir and Ladakh recently quashed the preventive detention of a 22-year-old man and awarded him rupees two lakh in compensation. The court’s decision comes as a significant reaffirmation of the protection of individual rights under the Indian Constitution.
Quashing the detention of the man under Section 8 of the Jammu and Kashmir Public Safety Act, Justice Rahul Bharti emphasized the need for compensation to address the harm caused by unlawful detention. He noted, “Release from illegal custody no doubt restores the fundamental right to personal liberty to an aggrieved person but it doesn’t earn him any succor for the injury received by him and to his person.”
The petitioner, accused of providing logistical support to terrorists in Rajouri-Pulwama and allegedly sharing information on security forces’ movements with Jaish-e-Muhammad (JeM) terrorists, was detained under the Jammu and Kashmir Public Safety Act. His father approached the High Court, claiming that his son had been illegally detained without just cause.
The High Court ruled that the petitioner’s preventive detention was illegal. It highlighted that the Jammu & Kashmir Public Safety Act, 1978, had been amended to exclude “security of the State” as grounds for preventive detention, thereby making the grounds for his detention invalid.
Justice Bharti criticized the district magistrate for arbitrarily invoking the Jammu & Kashmir Public Safety Act, describing the actions as a frivolous exercise of power. The court underscored that such misuse of authority cannot be tolerated in a constitutional democracy.
The judgment also emphasized that fundamental rights under the Constitution of India are guaranteed to every citizen, and any unlawful infringement must be addressed by constitutional courts. The court’s decision underscores the judiciary’s role in safeguarding individual liberties against wrongful government actions.
Advocate GN Shaheen represented the petitioner in this case, while Advocate Zahid Noor appeared for the State. The ruling not only provides relief to the petitioner but also sets a precedent for upholding the rule of law and the protection of civil liberties in the region.
This landmark ruling by the High Court of Jammu and Kashmir and Ladakh is a reminder of the judiciary’s crucial role in ensuring justice and protecting citizens’ rights against unlawful state actions. The award of compensation is a significant step towards providing redress for the injury suffered by the petitioner.
