"In a significant development, the High Court of Jammu and Kashmir and Ladakh has nullified the preventive detention orders against two religious clerics, namely Mushtaq Ahmed Bhat @ Veeri and Molvi Abdul Rashid Sheikh @ Dawoodi. The respective orders for their release were issued by Justice Rajnesh Oswal and Justice Sanjay Dhar.
Both clerics had been detained under the Jammu and Kashmir Public Safety Act in September 2022, following orders from the District Magistrate of Anantnag.
In the case of Mushtaq Ahmed Bhat @ Veeri, Justice Oswal found fault with the grounds cited for his detention, particularly the vague allegations of delivering "anti-national speeches." The absence of specific dates and details regarding these alleged speeches was deemed a violation of the detenu's rights to effective representation. Additionally, it was revealed that the detaining authority was not informed that a prior detention order on similar grounds had already been invalidated by the High Court. As a resolution, Justice Oswal quashed the detention order against Veeri while instructing him to provide an undertaking to the District Magistrate that he would refrain from making any hate speech or anti-national comments in the future.
In the case of Molvi Abdul Rashid Sheikh @ Dawoodi, his counsel, advocate Asma Rashid, argued that the detention order had been mechanically issued without proper consideration. She contended that the grounds of detention had been concocted by the police to justify his unwarranted detention. Justice Sanjay Dhar concurred, highlighting a clear lack of due diligence and a potential manipulation of documents in the detention dossier. Furthermore, the Court noted that a representation made against the preventive detention through Dawoodi's brother had been disregarded by the authorities, constituting a violation of constitutional safeguards as outlined in Article 22(5) of the Constitution. Consequently, Justice Dhar granted Dawoodi's petition to quash the preventive detention order, citing these various deficiencies in the process."
Click Here to: Download/View Related File
TAGS: High Court Jammu and Kashmir Ladakh quashes preventive detention religious clerics Mushtaq Ahmed Bhat Molvi Abdul Rashid Sheikh detention orders District Magistrate Jammu and Kashmir Public Safety Act vague grounds anti-national speeches detenue representation legal violation detaining authority Article 22(5) constitutional safeguards.
