States High court

J&K Court Quashes Kashmiri Journalist Fahad Shah’s Detention Under PSA

The Jammu and Kashmir High Court has recently quashed the detention of journalist Fahad Shah (34) under the Public Safety Act (PSA).

While saying that the apprehension of an adverse impact on public order is a mere surmise of detaining authority.

Judge Wasim Sadiq Nargal observed that “A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the ‘maintenance of public order’. In this case, the apprehension of a disturbance to public order owing to a crime that was reported over seven months prior to the detention order has no basis in fact.”

Further, the judge said that there were no reports of unrest since the detenu was released on bail on January 8, 2021, and detained with the effect from June 26, 2021.

The court observed that “The nature of the allegations against the detenu are grave. However, the personal liberty of an accused can’t be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding. The powers of preventive detention are exceptional and even draconian.”

Therefore, the court held that the case was a clear example of non-application of mind to material circumstances having a bearing on the subjective satisfaction of the detaining authority.

The judge directed that “I conclude that since the detaining authority has used both the expressions “Public Order” and “Security of the State” with a wavering mind and uncertainty and accordingly, the detention order gets vitiated and cannot sustain the test of law and is liable to be quashed.”

However, the court stated that it was emphatically clear that maintenance of public order, security and sovereignty of the country are 2 distinct expressions and have different connotations and are demarcated on the basis of gravity and cannot be used simultaneously, “which clearly proves beyond any shadow of a doubt that the detaining authority has not applied its mind while passing the order of detention”.

The court added, “Accordingly, the order impugned gets vitiated and liable to be set aside.”

Mr. Shah, the editor of the Kashmir Walla, an online portal, got arrested in February 2022 following a report regarding an encounter in Pulwama. The police accused Mr. Shah of “uploading anti-national content, including photographs, videos and posts with the criminal intention to create fear among public”.

Later, Mr. Shah was booked under the provisions of the Unlawful Activities (Prevention) Act (UAPA). He secured bail in 3 cases but was booked under the PSA, which allows preventive detention for up to 2 years.

A colleague of the arrested journalist said that “Mr. Shah secured three bails, including in two UAPA cases, in the past one year. His detention under the PSA was quashed. However, Mr. Shah still remains in jail.”

Meera Verma

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

5 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

6 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

6 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

7 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

7 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

7 hours ago