Srinagar- While quashing journalist Majid Hyderi’s detention order under Public Safety, the High Court of J&K and Ladakh has observed that If “peace loving citizens” like him are treated in such a harsh way, by bashing and thrashing them, and placing them under preventive detention, then we will lose “peace” and “peace loving citizens.”
“It is very unfortunate that respondents (authorities), in their Reply Affidavit, have labelled the detenu (Hyderi) as “not a peaceful citizen of India”,” a bench of Justice Vinod Chatterji Koul said.
“If we treat detenu, like peace loving citizens, in such a harsh way, by bashing and thrashing them, and placing them under preventive detention, then we will lose “peace” and “peace loving citizens”,” the court said, adding,
“Instead of appreciating the detenu (Hyderi), he has been placed under preventive detention. Instead of rewarding mother of detenu, she has been forced to see her son detained in preventive detention for none of his faults.”
Hyderi in his petition had detail out a certificate issued by Radio Kashmir, Srinagar, on 10th December 2017, wherein Director (PH) Radio Kashmir, Srinagar, on behalf of All India Radio, has expressed gratitude to his mother and her family, for extending her unequivocal services to the country at a critical time in national broadcasting history.
Hyderi had also annexed with his petition news reports “beamed” by him, stating that how J&K Police took care of and kept the militancy at bay and nipped it.
“There are even various news reported by the detenu, by which he praised the Prime Minister of India, the Home Minister, Lieutenant Governor of Union Territory of J&K, and Police Officers of J&K,” the court said.
Preventive detention, the court said, must be supported by existence of a ‘live and proximate link’ between past conduct and present imperative need to detain a person.
“In the present case, the detaining authority has made reference to the social media comments/postings of and news items disseminated by the detenu (Hyderi) way back in the year 2018. Those lack in to demonstrate a live and proximate link,” the court said, adding, “The requirement of ‘proximity/live link’ is required to demonstrate imperativeness in invoking the power of preventive detention more so where the criminal prosecution is pending which proceedings may culminate in imposition of a punitive sentence.”
The court also underlined that the satisfaction to be arrived at by detaining authority must not be based on “irrelevant or invalid grounds.”
“It is not open to detaining authority to simply refer to stale incidents and hold them as the basis of an order of detention,” the court said, adding, “Such stale material will have no bearing on the probability of the detenu (detainee) engaging in prejudicial activities in the future.”
Referring to detaining authority’s reference to case FIR no.88/2023 against Hyderi, the court said the case relates to defamation matter.
“It is startling that the detaining authority has made use of this FIR to show his subjective satisfaction derived therefrom for placing the detenu (Hyderi) under the preventive detention, oblivious of the fact that the allegations contained therein will not affect sovereignty, security and integrity of the world’s largest democratic country – India,” the court said, adding, “The activities alleged in aforementioned FIR, per se, do not attract or entail the provisions of the J&K Public Safety Act.”
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