Involving In Nationalist Activities Does Not Provide Immunity For Indulging In Criminal Activities: J&K&L High Court Dismisses Plea Challenging Preventive Detention

The Jammu and Kashmir High Court affirmed the preventive detention of Srinagar Municipal Corporation (SMC) official Aqib Ahmad Renzu under the Jammu and Kashmir Public Safety Act (PSA).

Dismissing Renzu's habeas corpus petition, the Court rejected the argument that his participation in nationalist activities shielded him from accountability for criminal acts.

The Single-Judge Bench of Justice Sanjay Dhar emphasized that engagement in nationalist events like Har Ghar Tiranga did not grant Renzu immunity from allegations of criminal conduct.

The Court underscored that individuals involved in activities detrimental to public order cannot seek refuge in nationalist endeavors. Renzu's detention, initiated in October 2023 following his arrest in connection with a sexual harassment case, was deemed justified despite his assertion of nationalist affiliations.

"..merely because the petitioner may have indulged in some activities which are nationalist in character does not give him a licence to indulge in criminal activities. A person indulging in criminal activities, which are prejudicial to the maintenance of public order, cannot take shelter behind nationalist activities in which he may have participated at some point of time in his career," the Bench remarked. 

Renzu's petition challenged the grounds cited for his detention as irrelevant and vague, arguing that due process was not followed in assessing his representation against the detention order. However, the Court found no merit in these contentions, noting that the allegations against Renzu spanned multiple FIRs dating back to 2013, indicating a pattern of behavior detrimental to public order.

The Court highlighted the proximity of the latest incident, occurring in 2023, to the date of Renzu's detention order, affirming the relevance of past conduct in justifying preventive detention. Despite claims of procedural irregularities, the Court concluded that Renzu's detention was warranted based on sufficient grounds outlined in the PSA.

"For the foregoing reasons, I do not find any merit in this petition. The same is, accordingly, dismissed," the Court ordered. 

Cause Title: Aqib Ahmad Renzu v. UT of J&K

Appearance:-

Petitioner: Advocate Shuja ul Haq

Respondent: Advocate Jehangir Ahmad Dar (GA)

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