Sunday, 23 January, 2022
HomeJudiciaryJ&K HC quashes detention of NC leader, says his activities are normal...

J&K HC quashes detention of NC leader, says his activities are normal in a democracy

National Conference leader Ali Mohammad Sagar was arrested on 6 August last year as the authorities said he would oppose the scrapping of Article 370.

Text Size:

New Delhi: The Jammu and Kashmir High Court Tuesday quashed the detention of senior National Conference leader Ali Mohammad Sagar under the Public Safety Act.

Asserting that the grounds for his detention were “fragile”, Justice Sindhu Sharma observed that Sagar’s activities “are the normal activities of a politician” in a democracy.

Sagar was arrested on 6 August last year under the Code of Criminal Procedure, with authorities saying they had apprehensions that he would oppose the scrapping of Article 370 by the Narendra Modi government the previous day.

Another order of detention was passed against him under the Public Safety Act on 5 February, highlighting his opposition to the abrogation of Article 370. This order spoke of meetings between him and his party workers allegedly calling for a “mass agitation”.

“Whereas, you have been very vocal against abolishing Article 370 and 35(A) of Constitution of India and also against bifurcation of erstwhile J&K state. You have posted many provoking and instigating comments/ideas on social networking sites, so as to instigate common people against the decision of Union of India,” the 5 February order said.

Sagar’s plea

Sagar had challenged this order, submitting that he was already in custody when the order was passed. He had also questioned the basis of the order, saying the authorities had not given any “compelling and cogent reasons” for passing the order.

Sagar had asserted that the authorities had not applied their minds in passing the order, and that the grounds mentioned were “vague, irrelevant and non-existent, which do not disclose any activity prejudice to maintenance of public order or any imminent threat to public order”.

His lawyer, Shuja-ul-Haq, submitted that it is the role of the opposition to criticise the government’s policies, and assured that Sagar was never involved in any activity that was against the maintenance of law and public order.

Accepting this submission, the J&K High Court noted there was nothing to show that the detaining authority was aware of Sagar already being in custody when the order was passed.

If a person is already in custody and a detention order is passed against them, the detaining authority “must show that there are compelling reasons for detention, in the absence of which, his detention would be illegal”, the court said.

Saying this, it quashed the detention order and asked for Sagar to be released.


Also read: NC MPs won’t join delimitation exercise, that would mean ‘accepting events of 5 August’


 

Subscribe to our channels on YouTube & Telegram

Why news media is in crisis & How you can fix it

India needs free, fair, non-hyphenated and questioning journalism even more as it faces multiple crises.

But the news media is in a crisis of its own. There have been brutal layoffs and pay-cuts. The best of journalism is shrinking, yielding to crude prime-time spectacle.

ThePrint has the finest young reporters, columnists and editors working for it. Sustaining journalism of this quality needs smart and thinking people like you to pay for it. Whether you live in India or overseas, you can do it here.

Support Our Journalism

1 COMMENT

  1. It takes Judiciary 10 months to deliver judgement while the person is under detention for no reason. Why the bench of HC or for that matter any court must not compensate the individual and punish the concerned authorities in misusing and abusing the power that is vested in him under the law? This is no justice and for this one need not go to court again for seeking such redressal .

Comments are closed.

Most Popular

×