New Delhi: A 34-year-old man from Jammu & Kashmir’s Anantnag spent more than 16 months in jail after his name and identity were mistaken for someone else’s and the police arrested him for suspected involvement in terror activities ahead of assembly polls last year. The J&K High Court ordered his immediate release last week, hauling up authorities for “non-application of mind” and “shamelessly” trying to build a case against him.
Justice Moksha Khajuria Kazmi, in a strongly-worded order, emphasised that “liberty of a subject is a serious matter and is not to be trifled in this casual, indifferent and routine manner”.
Anantnag resident Imtiyaz Ahmad Ganie was arrested on 15 April, 2024, and held under preventive detention in a Jammu jail under provisions of the J&K Public Safety Act, 1978.
Ganie’s father petitioned the court, challenging his detention, stating that Ganie was a “peace-loving citizen” and had been arrested “without any justification or cause” by the Anantnag police and subsequently shifted to Central Jail, Jammu. He also highlighted lack of due process by the J&K police and a case of mistaken identity.
The authorities contended that Ganie was involved in anti-national activities and had a criminal disposition, acting in a manner prejudicial to the maintenance of security of J&K.
They claimed that an FIR had been registered in connection with the arrest of a “hybrid terrorist” who was “in contact with other terrorists and OGWs (over ground workers)” with the “objective of spreading terror activities in District Anantnag, particularly in view of the forthcoming general elections,” and that “in the course of the investigation, among other OGWs and suspected persons, the detenu was also apprehended by Anantnag police”.
The court, in its seven-page order, said the police were “shamelessly” justifying Ganie’s involvement in anti-national activities and that they had intended to detain another individual, going by the material on record and the grounds of detention put forth.
It noted that the FIR cited by the authorities pertained to one Imtiyaz Ahmad Wani.
“The aforesaid extract from the detention record, forming the basis of the impugned (detention) order, suggests that the detaining authority has failed to apply its mind to the material placed before it,” the high court said, quashing the preventive detention order issued by Anantnag district magistrate against Ganie and ordering his immediate release.
Finding the J&K police’s stance untenable, the court highlighted several critical flaws.
It observed that “there is absolutely no justification available on record or in the counter affidavit … as regards the factum of mistaken identity”. Even for the person who was intended to be arrested, the evidence collected was “not sufficient to the extent to book him in the case under substantive laws”.
“Since the petitioner has succeeded in proving his case on the ground of non-application of mind alone, therefore, the court does not need to go into the other grounds of challenge,” it said. Citing Supreme Court judgments, the judge reiterated that detention orders cannot be sustained if they are an outcome of non-application of mind or are “verbatim copies of dossiers”, lacking independent consideration.
(Edited by Nida Fatima Siddiqui)
Also Read: Encroachment of temple properties ‘rampant’ in J&K, HC handed over 9 shrines to DMs in 2 months