Back
2025 Supreme(Online)(J&K) 1406
IN THE HIGH COURT OF JAMMU AND KASHMIR
Ali Mohammad Magrey, J
Majid Hyderi – Appellant
Versus
District Magistrate, Srinagar – Respondent
Writ Petition No. [Mentioned below]
Preventive detention orders must be founded on specific, timely, and relevant grounds that establish an immediate threat; vague and stale allegations cannot justify detention.
Headnote:(A) Preventive Detention Laws - Detention Order No.DMS / PSA / 65/2023 - Detention on the grounds of threats to public order lacks 'live link' - The detention order was quashed due to vague and stale grounds that did not establish an immediate need for preventive detention (Paras 11, 12, 33, 35).
(B) Principle of Preventive Detention - The grounds of detention must be concrete and specific, reflecting a reasonable apprehension of future activities causing a threat to the state (Paras 30, 32, 34).
Facts of the case:
The petitioner sought to quash a detention order for a journalist accused of anti-national activities but argued the allegations were unfounded, lacking evidence and specific instances of wrongdoing. The detaining authority claimed the petitioner’s journalism posed a threat, but the court found the grounds of detention vague and not timely related to any impending threat (Paras 1-3, 10, 21).
Findings of Court:
The court held that the detention order did not satisfy the requirement of a 'live link' between past conduct and present reasons for detention and was based on unproven allegations and vague claims (Paras 11, 12, 33).
Issues: The main issues included the validity and specificity of the grounds for preventive detention, and whether the actions of the detenu were indeed prejudicial to public order (Paras 10, 30).
Ratio Decidendi: The court stated that for preventive detention to be lawful, there must be a clear nexus between past activities and the necessity for detention, which was lacking in this case (Paras 11, 12, 30).
Result: The detention order was quashed, and the detenu was directed to be released (Paras 36, 37).
| Table of Content |
|---|
| 1. preventive detention case initiation (Para 1 , 2 , 3 , 4) |
| 2. contentions on detenu's alleged activities (Para 5 , 10) |
| 3. hearing and representation nuances (Para 6 , 7 , 8) |
| 4. live link requirement for detention (Para 11 , 12 , 19 , 20) |
| 5. evaluation of alleged prejudicial activities (Para 21 , 22 , 23) |
| 6. detenu's contributions and reporting (Para 24 , 25) |
| 7. distinction of public order vs. security (Para 29 , 30 , 31) |
| 8. strict adherence to procedural safeguards (Para 32 , 33 , 34 , 35) |
| 9. detention order quashed (Para 36 , 37 , 38) |
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 and 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 S.156 (3) CrPC, 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 S.500, S.177, S.386, S.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
