Srinagar: The High Court of Jammu and Kashmir and Ladakh on Monday quashed the detention order of senior lawyer Nazir Ahmad Ronga, who has been in custody since July last year for his “anti-national” activities and pushing forward the ideology of terrorism and secessionism.
In his order, Justice Sanjay Dhar said Ronga’s petition is allowed and the impugned detention order quashed.
“The respondents are directed to release the petitioner from the preventive custody forthwith, provided he is not required in connection with any other case,” Justice Dhar said in his detailed order.
A former president of Kashmir High Court Bar Association, Ronga (who is in his late 60s) was arrested in July last year and booked under the stringent Public Safety Act (PSA).
He is seen as a close aide of Mian Abdul Qayoom, who is also detained under the PSA. Qayoom is also an accused in the 2020 murder of advocate Babar Qadri.
The court made scathing remarks, saying the allegations levelled against the petitioner are so vague, ambiguous and lacking in material particulars that it was not possible for the petitioner to make even an effective and suitable representation against the detention order.
“Thus, his valuable constitutional right available under Article 22(5) of the Constitution of India stands infringed. Besides this, there has been total non-application of mind on the part of detaining authority in passing the impugned order of detention, as the allegations made in the grounds of detention, particularly those relating to his recent activities, are vague and ambiguous.
“The same are not even supported by any material in the form of intelligence report etc, so as to lend some sort of credence to these allegations,” the court observed.
Article 22(5) mandates that the authority making the preventive detention order must, as soon as possible, communicate the grounds for the detention and provide the person with the earliest opportunity to make a representation against the order.
