Srinagar (Jammu and Kashmir): In a significant judicial development, the High Court of Jammu and Kashmir and Ladakh has invalidated the preventive detention of a 26-year-old youth imposed by the Shopian District Magistrate in south Kashmir.
It is learnt that the High Court of Jammu and Kashmir and Ladakh has struck down the preventive detention of Jaffar Ahmad Parray, a 26-year-old resident while emphasizing the principles of democracy and rule of law. The court has asserted that law enforcement agencies cannot detain individuals without registering a criminal case against them.
Justice Rahul Bharti, issuing a Writ of Habeas Corpus and ordering Parray's release, emphasized that in a democratic nation like India, arbitrary detentions without criminal charges undermine the fundamental rights of citizens. The bench sternly warned against perpetuating a perception of India as a police state, reiterating that such actions contradict the nation's democratic ethos.
It is pertinent to mention that Parray was subjected to detention under the Jammu and Kashmir Public Safety Act, 1978, based on allegations outlined in a dossier prepared by the Senior Superintendent of Police (SSP) Shopian, identifying him as a 'hardcore OGW of LeT/HM militant outfits'. The detention order cited purported revelations during interrogation as evidence of his militant associations.
Challenging his detention through a writ petition filed before the High Court, Parray's counsel argued that the order lacked substantive evidence and failed to inform him of the grounds for interrogation. They contended that the detention was founded on baseless accusations, highlighting procedural irregularities in the process.
