The Kashmir Dialogues
SRINAGAR: In a significant ruling, the High Court of Jammu and Kashmir and Ladakh quashed the preventive detention of a 22-year-old man, awarding him Rs 2 lakh in compensation for his unlawful detention.
Justice Rahul Bharti, presiding over the case, quashed the man’s detention under Section 8 of the Jammu and Kashmir Public Safety Act (PSA). He emphasized that while release from illegal custody restores the fundamental right to personal liberty, it does not compensate for the injury and suffering endured. “The only remedy and relief that can be extended by a constitutional court is compensation under public law remedy,” Justice Bharti stated, granting the petitioner Rs 2 lakh, payable by the respondents.
The young man had been accused of providing logistic support to terrorists in Rajouri-Pulwama and allegedly sharing information on security forces’ movements with Jaish-e-Muhammad (JeM) terrorists. His father contested the detention, claiming it was illegal.
The High Court declared the preventive detention unlawful, highlighting that the Jammu & Kashmir Public Safety Act, 1978, had been amended to exclude “security of the State” as grounds for such detention. The Court criticized the district magistrate’s arbitrary use of the PSA, calling it a frivolous exercise.
“Fundamental rights under the Constitution of India are guaranteed to every citizen, and any unlawful infringement cannot be overlooked by a constitutional court,” the order stressed, addressing complaints of rights violations due to wrongful government actions.
Advocate GN Shaheen represented the petitioner, while Advocate Zahid Noor appeared for the State. This ruling underscores the judiciary’s role in upholding citizens’ rights against unlawful state actions.
