The High Court of Jammu Kashmir and Ladakh has set aside the Public Safety Act (PSA) detention of a man from Anantnag, observing that he had been held under “mistaken identity", after he spent over one year as jail term.
Quashing a preventive detention order issued against a 34-year-old man from Anantnag, Court stated that the detaining authority failed to apply its mind and detained the individual on grounds of mistaken identity. The order, passed under the J&K Public Safety Act, 1978, was found to be based on material that pertained to a different person, leading the court to conclude that the "foundation" for the detention had "collapsed by default".
Justice Moksha Khajuria Kazmi, while delivering the judgment, quashed the detention order issued by the District Magistrate Anantnag on April 20 last year against Imtiyaz Ahmad Ganie, a resident of Cheer, Anantnag.In the order, court underscored the gravity of depriving an individual of their liberty in a "casual, indifferent and routine manner". Ganie was detained by an order dated April 20, 2024, issued by the District Magistrate, Anantnag. The detention was on the grounds of allegedly acting in a manner prejudicial to the maintenance of the security of the Union Territory. The detenue was arrested on April 15, 2024, and subsequently shifted to Central Jail, Kot Bhalwal, Jammu, under preventive detention.
Ganie had challenged the detention, stating that he was arrested by Anantnag police on April 15 last year without any cause and subsequently shifted to Kot Bhalwal Jail, Jammu, on April 20, 2024, where he remained under preventive detention for over 17 months.
The court found no basis in the authorities’ records or affidavits to justify the claim of “mistaken identity.” It noted that Ganie had been detained in connection with a case involving another individual with a similar name.The petitioner's plea further contended that the allegations forming the basis of the grounds of detention bore no nexus with the detenue.
“The detenue is not involved in the criminal case which formed the basis of the detention order. The detaining authority has sought support for its decision from material that does not pertain to the petitioner. The very foundation of the preventive detention, therefore, collapses by default,” the court observed.
The respondents further maintained that the detaining authority, upon due consideration of the material, was satisfied about the detenue's involvement in such activities, which had "serious repercussions on the maintenance of security" of the Union of India and the UT of J&K. They also asserted that all statutory safeguards under the J&K Public Safety Act, along with constitutional rights, had been "scrupulously followed," and that the detention order, grounds, and relevant documents were supplied to the detenue, who was also informed of his right to make a representation.
Holding that the order reflected “non-application of mind” by the detaining authority, the bench ruled that Ganie’s detention was unsustainable in law. Accordingly, the PSA order was quashed, bringing an end to his 17-month incarceration.
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