HC quashes detention order of MLA’s close aide

Justice Vinod Chatterji Koul of the High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of Mohammad Rafi, a close aide of Doda MLA Mehraj Malik, who was detained under the J&K Public Safety Act (PSA), 1978, in an order dated April 10 passed by the District Magistrate (DM), Doda.

Rafi is a resident of Phagsoo (Thathri) in Doda district. Interestingly, Mehraj Malik himself was detained under the PSA last month.

After hearing advocate Rahul Raina, appearing for the detenue, and advocate Eishaan Dadhichi, appearing for the Doda District Magistrate and others, Justice Vinod Chatterji Koul observed that, “Advocate Rahul Raina has contended that subjective satisfaction is to arrive at by detaining authority which would reflect application of mind on its part.” He further submitted that the allegations mentioned on grounds of the detention were vague, absurd and baseless and without any substance and also relied upon a judgment of Division Bench of this court dated July 26, 2024, in LPA titled “Showkat Ali v/s UT of J&K”.

Advocate Rahul Raina further submitted that the grounds of detention were bereft of details of activities of detenue which would have necessitated issuance of detention order in as much as issuance of order of detention on the vague grounds that deprive detenue of his right to make an effective and meaningful representation against order of detention. He further said if the detention order was passed on the vague grounds, then constitutional right of making representation against detention order as envisaged by Article 22(5) of the Constitution of India would become mirage. Besides issuance of the order of detention on the vague grounds would amount to be an arbitrary exercise of the power by detaining authority, Rahul Raina said.

After considering the submissions of advocate Rahul Raina, Justice Koul observed that in the present case the detention order was passed on April 10 this year and approved by the Home Department. After approval, the District Magistrate, Doda, considered and rejected the representation vide order dated May 1 being forwarded to the Advisory Board, Justice Koul said. “The Advisory Board has not considered and decided the representation nor has any decision been conveyed to the detenue. In this regard the court relied upon several judgments that the representation in such cases must be considered expeditiously,” Justice Koul observed.

After hearing both the sides and adverting to the rival contentions, Justice Koul allowed the Habeas Corpus Petition (HCP) of the detenue, and accordingly quashed detention order No. PSA 03 of 2025 passed by the District Magistrate, Doda, and further issued directions that detenue Mohammad Rafi be released from the custody forthwith, if he was not otherwise required in any other case.