Participation in nationalist activities not a defence for crimes, says J&K High Court

Srinagar, June 14

While upholding detention of the former SMC corporator Aqib Ahmad Renzu, who has been detained under theJ&K Public Safety Act (PSA), the J&K High Court today said that “participation in nationalist activities does not give anyone a license to indulge in criminal activities.”

In a habeas corpus petition filed before HC, Renzu, who has been placed under preventive detention and lodged in Central Jail, Kot Bhalwal, Jammu, had challenged his PSA detention. He had contended that the PSA order was without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenu and that the same have been fabricated by the police.

However, the court said that in the grounds of detention, reference has been made to as many as seven FIRs lodged against the petitioner from the 2013 to 2023, which clearly indicate the past conduct and the propensity of the petitioner to indulge in the activities which are prejudicial to the maintenance of public order.

The court observations were sharp when the petitioner brought up his nationalistic credentials to seeking quashing of detention order. “It is to be noted that merely because the petitioner may have indulged in some activities which are nationalist in character does not give him a licence to indulge in criminal activities,” the court said.

“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 of time in his career,” the court observed.

“The petitioner may have been associated with the nationalist activities but that does not insulate him and provide him an immunity from being proceeded against for indulging in serious criminal activities which endanger the peace of the society,” the court added.