Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has affirmed the preventive detention of Aqib Ahmad Renzu, a former corporator of the Srinagar Municipal Corporation (SMC), emphasizing that participation in nationalist activities does not exempt individuals from criminal accountability.
Renzu was detained under the Jammu and Kashmir Public Safety Act (PSA) in October last year, shortly after his arrest in a sexual harassment case.
In his habeas corpus petition, Renzu challenged his detention on several grounds, including his active involvement in mainstream politics and participation in nationalist events like "Har Ghar Tiranga" and the hoisting of the Indian flag at Char Chinari.
Justice Sanjay Dhar dismissed these arguments, asserting, "Merely because the petitioner may have indulged in some activities which are nationalist in character does not give him a license 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 in his career."
"The petitioner may have been associated with the aforesaid nationalist activities but that does not insulate him and provide him immunity from being proceeded against for indulging in serious criminal activities which endanger the peace of the society," Justice Dhar added.
Renzu was detained under the PSA on October 4, 2023. On September 23, 2023, Srinagar Police arrested Aqib Ahmed Renzu in connection with an alleged sexual harassment case, which included charges of outraging modesty and online stalking. Following the arrest, a police spokesperson stated that the victim had provided strong technical evidence.
"Aqib Ahmed Renzu of Nishat Srinagar was arrested for sexual harassment, outraging modesty, and online stalking. The victim produced strong technical evidence in this matter," the spokesperson said, adding that a case (FIR No. 50/2023) under Sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 354A (Sexual harassment), and 354D (Stalking) was registered against him at Ram Munshi Bagh Police Station.
His counsel argued that the detention grounds were irrelevant, vague, and cryptic, lacking a direct connection to the detention order. Additionally, it was claimed that Renzu's representation against his detention was not duly considered by the concerned authority and that all relevant material was not provided to him.
The Court, however, found no merit in these arguments. It noted that there was no evidence indicating the authority received Renzu's representation. The Court further observed sufficient basis for Renzu's detention under the PSA.
"In the grounds of detention, reference has been made to as many as seven FIRs lodged against the petitioner from 2013 to 2023, which clearly indicate the past conduct and the propensity of the petitioner to indulge in activities 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 the impugned detention order," the Court observed.
Consequently, the High Court dismissed the plea.
