The Jammu and Kashmir High Court today quashed the order for detention of senior National Conference leader Ali Mohammad Sagar, under the J&K Public Safety Act as the grounds for his detention were “fragile” and “not justified”, says the bench of Justice Sindhu Sharma.
Ali Mohammad Sagar was arrested last year on August 6, under sections 107 and 151 of CrPC to prevent him from disturbing public tranquility in the backdrop of abrogation of Article 370 of the Constitution.
The bench observed that the detention order of Ali Mohammad Sagar was illegal because the Detaining Authority did not show its awareness to the fact that the detenu was already in custody.
The detenu was represented by Advocate Shuja Ul Haq. The state was represented by AAG BA Dar.
The court said,
“The detention of Ali Mohammad Sagar is also bad because he has been arrested under Sections 107/151 Cr.P.C. and was still in custody when the detention order was passed. However, there is nothing on record to show that the detaining authority was aware of the fact or that the detenu was likely to be released. Detaining Authority, in such a case, must show that there are compelling reasons for detention, in the absence of which, his detention would be illegal.”
The court also in the passing remarked that the activities of the detenu were “normal activities” of a politician in a democracy.
“…the grounds of detention in the present case, which in a democracy are the normal activities of a politician, who admittedly is an active member of National Conference party since 1977 and has been legislature as well as the Member of Cabinet in the erstwhile State of Jammu & Kashmir. His opposition to the abrogation of Articles-370 & 35(A) of the Constitution of India is not sometime new…” the court observed.
Read the order here:
