Participation in nationalist activities not licence to indulge in crime: Jammu and Kashmir High Court

Participation in nationalist activities does not give anyone a license to indulge in criminal activities, observed the Jammu and Kashmir High Court recently while upholding the preventive detention of a Srinagar Municipal Corporation (SMC) official [Aqib Ahmad Renzu V/s UT of J&K]..The SMC corporator, Aqib Ahmad Renzu, was detained under the Jammu and Kashmir Public Safety Act (PSA) in October last year, a week after he was reportedly arrested in connection with a sexual harassment case.In a habeas corpus petition filed before the High Court, Renzu had challenged his PSA detention on various grounds. Among other arguments, he also submitted that he was active in mainstream politics and was a nationalist who had participated in nationalist events like Har Ghar Tiranga and the hoisting of the Indian flag at Char Chinari.Justice Sanjay Dhar, however, rejected this argument. "Merely because the petitioner may have indulged in some activities which are nationalist in character does not give him a licence to indulge in criminal activities. A person indulging in criminal activities, which are prejudicial to the maintenance of public order, cannot take shelter behind nationalist activities in which he may have participated at some point of time in his career ... The petitioner may have been associated with the aforesaid nationalist activities but that does not insulate him and provide him an immunity from being proceeded against for indulging in serious criminal activities which endanger the peace of the society," the Court said in its June 7 ruling. .Renzu was detained under the PSA on October 4, 2023. In his petition before the High Court, his counsel also argued that the grounds cited for this detention were irrelevant, vague, cryptic and had no proximate or live link to the detention order. The Court was further told that Renzu's representation against his detention was not duly considered by the concerned authority. Moreover, it was claimed that all material relevant to his detention order was not supplied to the detenue (Renzu). The Court, however, did not find merit in any of these arguments. The Court observed that there was nothing to indicate that the representation allegedly sent by Renzu was received by the authority concerned. It went on to opine that there was sufficient basis to detain Renzu under the PSA."In the grounds of detention, reference has been made to as many as 07 FIRs lodged against the petitioner from the year 2013 to 2023 which clearly indicate the past conduct and the propensity of the petitioner to indulge in the activities which are prejudicial to the maintenance of public order ... it cannot be stated that the grounds of detention are vague. The latest incident, which finds mention in the grounds of detention, pertains to the year 2023, which is proximate in time to the date of impugned detention order," the Court observed. .Therefore, the plea was dismissed by the High Court..Advocate Shuja ul Ha represented the detenue, Aqib Ahmad Renzu. Government advocate Jehangir Ahmad Dar appeared on behalf of the Jammu and Kashmir government..[Read Judgment]