The High Court of Jammu and Kashmir and Ladakh recently upheld the preventive detention of a man under the J&K Public Safety Act in view of allegations that he had been uploading anti-national content on Facebook with the goal of promoting terrorism and radicalizing the youth [Waseem Ahmed Dar v. UT of J&K].
Justice Sanjay Dhar dismissed a habeas corpus petition filed for the detained man's release on December 5.
The Court rejected arguments that procedural safeguards were flouted while placing the petitioner, Waseem Ahmed Dar, under preventive detention.
The Court found that the detaining authorities had adequately supplied him with the grounds for his detention.
The material relied on by the authorities to justify his detention included screenshots of the petitioner’s Facebook pages, which the Court found clearly reflected material capable of radicalising youth and promoting anti-national sentiments.
The Court also concluded that the detenue's argument that he was detained mechanically was misconceived.
"It is not a case where the detaining authority has mechanically copied the contents of the police dossier while formulating the grounds of detention but it is a case where the detaining authority has applied its mind to the police dossier and the material annexed thereto, whereafter it has framed its opinion," it found.
The Court also rejected arguments that the authorities need only have invoked the ordinary criminal law, if required, against the detenue instead of invoking the preventive detention law.
"It is on the basis of anti-national videos/photos/posts/chats which were uploaded by the petitioner on his Facebook account that the detaining authority was satisfied that it is necessary to detain the petitioner in order to prevent him from indulging in the activities which are prejudicial to the security to the State. There was no occasion for the respondents either to resort to normal criminal law or to seek cancellation of his bail", the High Court observed.
The Court was hearing a petition challenging the detention order issued by the District Magistrate, Kupwara, on February 10, 2024, against the petitioner on the apprehensions that his online activity and antecedents posed a security threat.
The petitioner's counsel argued that the detention was illegal and unconstitutional. He claimed that there was a non-application of mind by the authorities, that all the material on the basis of which detention was ordered was not supplied to the detenue, thereby preventing him from challenging it before the authorities, and that no attempt was made to proceed under the ordinary criminal law before invoking the PSA.
Opposing the plea, the government submitted that 23 leaves of documents, including the Facebook screenshots, orders of the Executive Magistrate, and the translation of the detention order, were duly supplied and explained to the detenue.
The State further argued that the detaining authority had independently applied its mind and that preventive detention was warranted in view of intelligence inputs indicating radicalising online activity by the detenue/ petitioner
The Court accepted the State’s position, noting that the detaining authority had not acted mechanically and had formed its subjective satisfaction after evaluating relevant material.
Finding no procedural or constitutional violations, the Court dismissed the petition and upheld the detention.
Advocate Altamash Rashid appeared for the petitioner.
Government Advocate Faheem Nisar Shah represented the Jammu and Kashmir authorities.
[Read Order]