Categories: Legally Speaking

Plea in Jammu and Kashmir HC for Release of Senior Advocate NA Ronga

A petition has been filed in the Jammu and Kashmir and Ladakh High Court seeking the release of Senior Advocate and former President of the High Court Bar Association, Srinagar, Nazir Ahmad Ronga, who was detained under the Jammu and Kashmir Public Safety Act, 1978.

The habeas corpus petition, filed by Ronga’s wife, Bilquees Ronga, asserts that the allegations justifying his preventive detention are baseless, concocted, and malicious.

The plea argues that the detention order, claimed to have been issued out of vengeance, should be quashed on this basis alone. It further alleges that the authorities did not adhere to the legal mandates established by the Supreme Court’s ruling in the DK Basu case when arresting Ronga. Additionally, the petition seeks compensation of ₹60 lakhs from the government, citing illegal detention, torture, and the resulting violation of Ronga’s fundamental right to life and liberty.

It further contends that the detention has tarnished the senior lawyer’s well-earned reputation and professional prospects, and thus he deserves compensation. The matter is expected to be heard by the High Court on September 18, 2024.

Ronga was detained by the Jammu and Kashmir police at 1:10 AM on July 11. He was arrested at his residence in Nishat, Srinagar, initially lodged at the Nishat police station, and then transferred to Kot Bhalwal jail in Jammu. At the time of his arrest, his family was not informed that he was being detained under the Public Safety Act, a preventive detention law applicable to Jammu and Kashmir. The police team’s arrival and Ronga’s detention were captured on CCTV footage.

It was later revealed that a detention order under the Public Safety Act had been issued by the District Magistrate of Srinagar on July 10, to prevent Ronga from acting in any manner prejudicial to the maintenance and security of the state.

Ronga has previously served multiple terms as President of the Jammu and Kashmir High Court Bar Association (HCBA), Srinagar. In 2023, he was among several leaders detained under the Public Safety Act a day before the abrogation of Article 370 (which granted special status to Jammu and Kashmir) of the Constitution, as a preventive measure against potential protests.

The Jammu and Kashmir Public Safety Act is a preventive detention law under which a person can be jailed for up to six months without trial. It is similar to the National Security Act used by other state governments for preventive detention. Following the abrogation of Article 370, the constitutional validity of certain provisions of the PSA was challenged before the Jammu and Kashmir High Court.