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2025 Supreme(Online)(J&K) 1815
JAMMU AND KASHMIR HIGH COURT
Sanjay Dhar, J
Majid Hyderi – Appellant
Versus
District Magistrate, Srinagar – Respondent
Writ Petition No. ...
Preventive detention must establish a live link between past conduct and the necessity for detention; vague grounds violate constitutional rights and cannot justify preventive measures.
Headnote:(A) Public Safety Act, 1978 - Preventive Detention - Detention order quashed as lacking a live link between past conduct and present justification for detention. The order relied on stale incidents; the detenu's professional journalism activities criticized government policies were deemed insufficient to justify detention. (Paras 11, 12, 20, 31, 36)
(B) Legal Principles - Preventive detention requires a live and proximate link between past actions and future risks of engaging in prejudicial activities. Vague and generalized grounds infringe constitutional rights and undermine due process. (Paras 16, 35)
Facts of the case:
The petition challenged the preventive detention of a journalist following a defamation lawsuit linked to his reporting on a proclaimed offender. Despite bail being granted, he was detained under the Public Safety Act on grounds deemed insufficient by the court.
Findings of Court:
The court found the detention order lacked necessary justification and quashed it, directing the immediate release of the detenu.
Issues: Whether the detenu's past conduct justified the preventive detention order, given the significant time lapse and the nature of the alleged activities.
Ratio Decidendi: The court reiterated that preventive detention must be based on a live link demonstrating imminent threat, not on past incidents that are no longer relevant.
Result: Detention order quashed, and the detenu directed to be released.
| Table of Content |
|---|
| 1. existence of preventive detention order. (Para 1) |
| 2. petitioner's characterization of detenu's professionalism. (Para 2 , 3 , 4) |
| 3. respondents deny detenu's peaceful status. (Para 5 , 10) |
| 4. petitioner's claim on detenu's due process rights. (Para 7 , 8 , 9) |
| 5. importance of valid grounds in detention orders. (Para 11 , 12 , 13 , 14 , 15) |
| 6. requirement of proximity/link in preventive detention. (Para 18 , 19 , 20 , 28 , 29) |
| 7. detention must comply with constitutional safeguards. (Para 30 , 31 , 32 , 34 , 35) |
| 8. the detention order is 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
