On August 9, the Jammu & Kashmir High Court upheld the preventive detention of Abdul Hameed Ganie, the leader of the banned terror outfit Jamat-e-Islami. The detenue moved the court challenging the detention order passed by the District Magistrate, Shopian, on September 16, 2022, under the provisions of the J&K Public Safety Act of 1978.
“Having glance of the grounds of detention, it is clear that right from the college life the detenue was involved in anti-national activities. His affiliation with banned organization Jamat-e-Islami and holding the different positions in the said organization with an aim and purpose to liberate the State of J&K from India and annex it with Pakistan. His inclination towards secessionist elements gave him a place in Jamat-e- Islami which is a banned organization, of which he was an active member,” Justice Mohd Akram Chowdhary said.
Abdul Hameed Ganie’s wife moved the court seeking quashing of the case alleging that the grounds for detention were vague and mere assertions of the detaining authority. She further alleged that the detenue was not provided relevant materials to make effective representation before the detaining authority.
Meanwhile, the respondent argued that the detention under the Public Safety Act is always preventive in nature and aims to prevent a person from pursuing anti-national or anti-social activities, which are prejudicial to the maintenance of public order. The respondent’s counsel further argued that there is enough material against the detenue which suggests that he is highly motivated to continue his anti-national activities and is not likely to desist.
The court noted, from the detention record, that the detenue was affiliated with banned outfit Jamat-e-Islami from his college life and was selected as the outfit’s leader in 2018. Furthermore, the detenue was a “hardcore motivator and supporter” of terrorists and was working to secede J&K from India for a subsequent merger with Pakistan.
“The detenue had never remained law abiding citizen which can be gathered from the fact that in 2009 he secretly sowed the seeds of hatred and disaffection against the army in the town of Shopian; that earlier an FIR No. 42/2019 under Section 10, 11 & 13 of Unlawful Activities Prevention Act was registered against the detenue in Police Station Budgam,” the court added.
The court further noted that Ganie was earlier detained for his anti-national propaganda; however, the said detention order was quashed in 2021. The court further noted that the detenue did not change his ways post-release and “continued to foment trouble in district Shopian.”
“The detenue clandestinely was collecting funds from the people for reviving of Jammu-e-Islami and to fuel anti national activities; that being an influential person, the detenue has indulged/instigated a large number of youth to the path of violence; that the only aim and purpose of the detenue was to liberate the State of J&K from India and annex it with Pakistan. It is prayed that to curb the activities of the detenue, it was imperative to detain the detenue under the provisions of Public Safety Act,” the court noted.
The court further noted that the framers of the Constitution incorporated Article 22(5) to allow detention of a person without a formal charge and trial, aiming to save society from activities that are likely to deprive a large number of people of their right to life and personal liberty.
“In such a case it would be dangerous, for the people at large, to wait and watch as by the time ordinary law is set into motion, the person, having dangerous designs, would execute his plans, exposing general public to risk and causing colossal damage to life and property. It is, for that reason, necessary to take preventive measures and prevent a person bent upon to perpetrate mischief from translating his ideas into action,” the court said.
Furthermore, the court noted that the due process was followed to detain the Jamat-e-Islami leader. The court noted that the detenue was informed to make a representation before the detaining authority and also the Government to challenge his detention.
“Further the execution report reveals that the detenue can make a representation to the Government as well as to the detaining authority. It is also revealed that the detention warrant and grounds of detention were read over and explained to the detenue in Urdu/Kashmiri/English language which the detenue understood fully and signatures of detenue was also obtained. Thus, the contention of the petitioner for not supplying the material is not sustainable,” the court order read.
“Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires. Preventive detention is devised to afford protection to society,” the court observed.
The court said, “In the backdrop of foregoing discussion, the petition is found devoid of any merit and is, accordingly, dismissed. Detention record, as produced, be returned to learned counsel for respondents,” while upholding the preventive detention of the alleged Jamat-e-Islami leader.
