1 week ago
High Court Quashes PSA Detention of Srinagar Resident
A court in Jammu and Kashmir canceled a detention order against Zubair Altaf Sheikh.
The order had been made under the Public Safety Act, or PSA.
The case mainly relied on a police report from 2022.
Sheikh had already received bail in that case.
An earlier PSA detention against him had also been canceled by the court in April 2024.
The judge said preventive detention is not meant to replace a normal criminal trial.
Officials must have specific material showing that a person may cause future harm.
The court said this material was not properly considered in Sheikh’s case.
The Jammu & Kashmir and Ladakh High Court quashed the Public Safety Act detention of Srinagar resident Zubair Altaf Sheikh.
Justice M A Chowdhary said preventive detention cannot replace ordinary criminal law.
The court said authorities need material supporting a rational prediction of future prejudicial conduct.
Sheikh’s detention was based mainly on a 2022 FIR, despite his release on bail in that case.
The court noted that an earlier PSA detention involving Sheikh had been quashed in April 2024.
- Who
- The Jammu & Kashmir and Ladakh High Court and Justice M A Chowdhary; the detainee was Srinagar resident Zubair Altaf Sheikh.
- What
- The court quashed Sheikh’s detention under the Public Safety Act.
- Where
- Soura, Srinagar, Jammu and Kashmir.
- When
- The judgment was issued on September 17; the detention order was issued in September of the previous year, and an earlier detention was quashed in April 2024.
- Why
- The court found that preventive detention could not substitute for ordinary criminal law and required material supporting a rational prediction of future prejudicial conduct.
Court’s reasoning
Detention authorities’ basis
Use of preventive detention
Court’s reasoning
The court said preventive detention cannot become a substitute for ordinary criminal law or be based only on a general apprehension about a person’s antecedents.
Detention authorities’ basis
Authorities invoked the Public Safety Act against Sheikh, primarily relying on a 2022 FIR, even though he had been granted bail in that case.
Evidence of future risk
Court’s reasoning
The court said there must be material allowing a rational prediction that the person may engage in future prejudicial conduct.
Detention authorities’ basis
The detention order was pursued on the basis of the cited FIR and the authorities’ assessment, but the court held that the required consideration was insufficient.
Key facts
- Detainee
- Zubair Altaf Sheikh
- Law invoked
- Public Safety Act (PSA)
- Court
- Jammu & Kashmir and Ladakh High Court
- Judge
- Justice M A Chowdhary
- Primary case cited
- An FIR registered in 2022
- Earlier ruling
- Sheikh’s earlier PSA detention was quashed in April 2024
- Detention timing
- The challenged PSA detention was issued in September of the previous year
Quotes
Justice M A Chowdhary
Jammu & Kashmir and Ladakh High Court judge who delivered the September 17 judgment
“Preventive detention cannot become a substitute for ordinary criminal law. Nor can the extraordinary power of preventive detention be exercised merely because the authorities entertain a general apprehension regarding a person’s antecedents. There must be material from which a rational prognosis of future prejudicial conduct can be made.”
indianexpress.com
Sources
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