J&K HC Quashes PSA Detention Of 2 Religious Clerics

The High Court of Jammu-Kashmir and Ladakh has recently rejected the detention of religious clerics Abdul Rashid Dawoodi and Mushtaq Ahmad Veeri, who were held under the Public Safety Act last year, in the separate orders.

The court directed Veeri to furnish an undertaking before the district magistrate concerned that he would not deliver any hate or anti-national speech on any occasion.

Previously on September last year, Veeri (vice president of Jamaat-e-Ahle Hadees), got arrested for allegedly delivering anti-national speeches during Friday sermons.

Following the same month, Dawoodi (head of ‘Tehreeqi-e-Sout-ul-Auliya’), got arrested on the grounds that his activities were highly prejudicial to the maintenance of public order.

Justice Sanjay Dhar directed that the 2 be released unless they are required in any other case.

The Judge stated in its order while hearing a petition of Dawoodi, “From the legal position on the subject, it is clear that non-consideration or an unreasonably belated consideration of the representation tantamounts to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.”

Under Article 22 (5), “When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.”

Justice Dhar stated, “The petition is allowed and the impugned order of detention is quashed. The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case.”

In the case of Veeri, Justice Dhar while allowing the petition stated that the detention passed by District Magistrate, Anantnag in September last year got quashed.

The order stated, “However, taking into consideration the submissions made by learned counsel for the petitioner under instructions from the petitioner in respect of the voluntary offer of the petitioner to submit an undertaking, the petitioner is directed to furnish an undertaking before the District Magistrate concerned that the petitioner will not deliver any hate or anti-national speech on any occasion.”

The undertaking shall be furnished by the petitioner within the period of 2 days after his release from the custody and receipt of the same will be furnished before Registrar, Judicial of this court.

Justice Dhar stated, the petitioner is ordered to be released forthwith, provided he is not required in any other case.