Back
2025 Supreme(J&K) 43
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
VINOD CHATTERJI KOUL, J.
Majid Hyderi S/o Late Jahangir Hyderi - Petitioners
Versus
Union Territory of J&K through Principal Secretary to Home Department, Civil Secretariat, Srinagar/ Jammu - Respondent
HCP No. 133 OF 2023
Decided On :
For the Appellant :Mr. M. Y. Bhat, Sr. Advocate with Mr. Pince Hamza & Mr. Sajid Bhat, Advocates
For the Respondent: Mr. A. R. Malik, Sr. AAG with Ms. Rahella Khan, AC
Preventive detention must be based on timely and specific grounds demonstrating a live-link to justify the detention; vague allegations violate constitutional rights.
Headnote:
(A) Jammu and Kashmir Public Safety Act, 1978 - Preventive detention - Detention order quashed due to lack of live-link between past conduct and present necessity for detention - Detenu, a journalist, was detained based on vague allegations of anti-national activities without specific instances of threat to public order - Court emphasized that preventive detention must be based on relevant and timely grounds, not stale incidents. (Paras 11, 12, 20, 30, 36)
(B) Preventive Detention - The necessity for preventive detention must be supported by a live and proximate link between past conduct and the immediate need to detain - Vague and ambiguous grounds violate constitutional rights and do not afford the detenu an opportunity to rebut effectively. (Paras 10, 34, 35)
Facts of the case:
The petitioner challenged a detention order against a journalist, alleging that the order was based on vague and stale grounds, including a defamation FIR, and that the detenu had been a peace-loving citizen contributing positively to society. (Paras 1-4)
Findings of Court:
The court found that the detention order lacked a live-link to justify preventive detention and was based on vague allegations, thus quashing the order. (Paras 36)
Issues: The main issues included whether the detention order was justified based on the detenu's past conduct and whether the grounds provided were specific enough to warrant preventive detention. (Paras 11, 20)
Ratio Decidendi: The court ruled that preventive detention must be based on timely and relevant grounds, and that vague allegations do not satisfy the legal requirements for such detention. (Paras 12, 34)
Result: Detention order quashed and the detenu ordered to be released. (Para 36)
JUDGMENT :
1. Petitioner prays to quash Order No.DMS/PSA/65/2023 dated 16.09.2023, (“detention order”) passed by District Magistrate, Srinagar – respondent no.2 (“detaining authority”) placing Majid Hyderi S/o Late Jahangir Hyderi R/o Milat Abad Peerbach Srinagar (“detenu”) under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of security of State.
2. The case set up by petitioner, in the instant petition, is that detenu is a law abiding, peace loving and a senior Journalist/Debater of International Repute. He has attained the worldwide recognition for his reporting. He has contributed to reputed newspapers, journals, TV Channels etc. for last two decades. Besides, his mother has also worked in national and patriotic programs, broadcasted on Radio Kashmir for decades when there were clear terrorist threats to the artists and performers. Her work and contribution have been appreciated by Radio Kashmir with remarks that she has exhibited great courage and patriotic zeal while volunteering to host patriotic programs like “Wadi Ki Awaz”, which worked an effective tactic for countering terrorist propaganda. The detenu, in pursuance of his duty towards the nation as a journalist, published a story, in which he exposed one of the influential and well-connected individuals who happens to be a proclaimed offender and has various criminal cases against his name based on his extensive research/investigative journalism in order to serve the public interest, accountability and national interest at large. After publication of aforesaid article, the said influential person used his nefarious designs by filing a Civil suit for defamation and permanent injunction before the court of 1st additional District Judge, Srinagar, in order to restrain the detenu so that he could not publish any further statements/articles, but all his efforts went in vain when his application for interim relief was dismissed.
3. It is being also stated by petitioner that detenu informed the higher authorities at Delhi including the Hon’ble Prime Minister, Hon’ble Home Minister and Hon’ble Lt. Governor of UT of J&K about the illegalities committed by the said person so that appropriate legal action was taken and he was unable to exercise influence. It is also stated that abovementioned individual crossed all limits when he filed an application under Section 156 (3) Cr.P.C., which was forwarded to SHO P/S Sadder for conducting investigation but the Police despite non-disclosure of any cognizable offence, lodged a frivolous FIR No.88/2023 dated 14.09.2023 under Section 500, 177, 386, 120B IPC against the detenu following which the detenu was arrested.
4. It is also being submitted by petitioner that detenu approached competent court for grant of bail which was granted on 16.09.2023. Despite grant of bail detenu was not released and came to be placed under preventive detention in terms of impugned order.
5. Respondents have filed reply affidavit, insisting therein that detenu is not a peaceful citizen of India as he is involved in antinational/ nefarious activities and his activities pose a serious threat to national security or public order. It is being also stated that detenu, operating within the realm of journalism, has repeatedly engaged in actions that are not only provocative but also gravely endanger the security and integrity of India. The exploitation of the profession of journalism to disseminate false information. He advocates for separatist and secessionist ideologies through electronic means and promotes anti-India sentiments, which has been a matter of grave concern. This conduct has not been limited to the sporadic instances but has been a deliberate pattern of behaviour over the past years, primarily through the social media channels. The detenu’s actions, which have included glorifying violence, misrepresenting facts, and peddling secessionist narratives, have posed a severe threat to the peace and secu
