Srinagar- The High Court of Jammu and Kashmir and Ladakh on Monday quashed detention orders of two detainees under Public Safety Act including the former president of a lawyers’ body here.
Allowing a plea by advocate Nazir Ahmad Ronga, a Bench of Justice Sanjay Dhar observed that allegations levelled against the former president of Kashmir High Court Bar Association are “vague, ambiguous and lacking in material particulars, on the basis of which it was not possible for the petitioner (Ronga) to make an effective and suitable representation against the impugned order of detention.”
“ Thus, his valuable constitutional right available under Article 22(5) of the Constitution of India stands infringed,” the court said.
Besides this, the court said, there has been total non-application of mind on the part of detaining authority in passing the order of detention dated 10 July 2024.
“The subjective satisfaction arrived at by the detaining authority, in these circumstances, has become a casualty,” the court said and quashed the detention order.
In his plea, Ronga had contended that the allegations in the grounds of detention against him with regard to his association with APHC(M) group is “absolutely baseless”. Ronga said that he was an elected Municipal Councillor and thereafter he has also served as a Government Advocate from 1987 to 1989. Thus, Ronga said, “he is a peace loving and law abiding citizen who has never committed any offence, much less an offence against the State.”
Meanwhile, the court also quashed the detention order under PSA passed by deputy commissioner Baramulla on 21 July 2023 against Tanveer Ahmad Khan.
“On perusal of the detention record produced by learned counsel for the respondents (authorities), the ground projected regarding vagueness of the averments made in the grounds of detention, appears to be forceful,” the court said while quashing the detention order.
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