High Court quashes PSA detention of advocate Babar

High Court quashes PSA detention of advocate Babar

A bench of Justice Muzaffar Hussain Attar while quashing detention order against the detainee issued by District Magistrate Doda, directed the government to release Babar forthwith from preventive detention.

The Jammu and Kashmir High Court has quashed detention of Advocate Hassan Babar, a leader of Anjuman-e-Islamia and a human rights activist of Jammu’s Doda district. Babar was arrested by police and was booked under Public Safety Act on August 14 this year.

A bench of Justice Muzaffar Hussain Attar while quashing detention order against the detainee issued by District Magistrate Doda, directed the government to release Babar forthwith from preventive detention. 

In the detention order, District Magistrate Doda had directed Babar’s detention in Central Jail, Kote Bhalwal Jammu for the period determined by the advisory board. The detainee’s wife had approached the court, challenging the detention order. 

Additional Advocate General B A Dar who appeared for the state, opposed the plea and sought its dismissal on the ground that “Babar due to his activities has caused threat to the public order leaving no option with the detaining authority to invoke the provisions of the Public Safety Act of 1978 to order for his detention.”

The court however observed that “Though the ground of detention contain serious allegations against Babar, the allegations have not to be proved or disproved in the instant proceedings saying for that such person can be prosecuted in a criminal court of law and on successful completion of trial he can be convicted or sentenced”.

Referring to Supreme court judgment titled G M Shah Vs State of J&K, the court held that the detention order in light of the verdict is illegal. “This court in view of the law laid down by Supreme Court, which is binding on all, in terms of article 14 of the Indian Constitution, has no option but to declare the impugned order of detention to be illegal,” the court added, while underlining personal liberty was paramount because ‘Right to personal liberty’ recognized by Article 21 of the constitution of India”.