The Division Bench of Jammu and Kashmir and Ladakh High Court has stayed a judgment of the Single-Judge Bench that directed the Union Territory of Jammu & Kashmir (J&K) to pay Rs. 2 lakh as compensation to a man who was illegally detained under the J&K Public Safety Act.

The Division Bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi stayed the order passed by Justice Rahul Bharti.

Justice Bharti had on April 2, 2024, quashed the preventive detention of Aftab Hussain Dar and ordered the compensation for the unlawful detention.

"Having considered the original report produced before us which contains the material for grounds of detention, we are inclined to stay the impugned judgment dated 02.04.2024 till next date of hearing. List on 09.07.2024," the Division Bench said in its order dated June 7.

The case revolves around the detention of Aftab Hussain Dar under the Public Safety Act, which allows for preventive detention in certain cases to maintain public order. Justice Rahul Bharti's judgment had found the detention unlawful and awarded compensation to Dar.

Pertinently, the Single Bench on April 2, emphasized the restoration of fundamental rights to personal liberty upon quashing the detention. It had underscored that such release does not absolve the state from compensating for the injury caused to the individual. Consequently, the Court had awarded Rs. 2 lakh in compensation to the Dar, payable by the State.

Dar was accused of providing logistic support to terrorists in Rajouri-Pulwama and allegedly sharing security forces' movement information with Jaish-e-Muhammad (JeM) operatives. His father approached the High Court, contending that his son's detention was illegal.

Justice Bharti had criticized the district magistrate for what he termed a frivolous exercise of power under the Jammu & Kashmir Public Safety Act, 1978, emphasizing that grounds like "security of the State" no longer justify preventive detention after recent amendments.

"A fundamental right under the constitution of India is guaranteed to every citizen, and its unlawful breach cannot be overlooked by a constitutional court," the Single-Judge Bench had highlighted, denouncing the arbitrary exercise of power.

"In view of the aforesaid facts and circumstances, the preventive detention of the petitioner is held to be illegal. The preventive detention order No.36/DMP/PSA/23 dated 23.06.2023 passed by the respondent No. 2- District Magistrate, Pulwama read with approval and confirmation order passed by the Govt. of UT of Jammu & Kashmir are hereby quashed. The petitioner is directed to be released from his custody from the concerned Jail with immediate effect for which the Superintendent of the concerned Jail as well as the respondent No. 2 District Magistrate, Pulwama to ensure that the petitioner does not suffer delay in earning his release from the Jail where he is being detained," the Single-Judge Bench had ordered.

Cause Title: Union Territory of Jammu & Kashmir v. Aftab Hussain Dar

Appearance:-

Petitioner: Advocate Jahangir Ahmad Dar (GA)

Respondent: Advocate G. N. Shaheen, Asif Nabi

Click here to read/download the Division Bench Order

Click here to read/download the Single-Judge Bench Judgment



Chief Justice N Kotiswar SinghJustice Moksha Khajuria KazmiJammu & Kashmir & Ladakh High CourtPreventive Detention

Sukriti Mishra