Jammu & Kashmir HC Quashes the Preventive Detention of Hameed Ganie, Chief of Jamaat-e-Islami

A Division Bench of Justices Sanjeev Kumar and Rajnesh Oswal quashed the preventive detention of Hameed Ganie, Chief of Jamaat-e-Islami. Hameed Ganie was detained on the orders of the District Magistrate, Budgam in March 2019.

The detention order passed was without proper application of mind by the detaining authority: High Court

Earlier a single judge of the High Court had rejected the plea questioning the detention order. Now setting aside this order, the division bench observed that the detention order passed was without proper application of mind by the detaining authority.

“Subjective satisfaction without taking relevant material into consideration and non-application of mind by the Detaining Authority are the grounds that go to the root of the detention and vitiate it ab initio. The order of detention is clearly vitiated by total non-application of mind by the Detaining Authority,” the Court Ordered.

Two FIRs were registered against the Hameed Ganie under the Unlawful Activities Prevention Act (UAPA)

There are two FIRs registered against the Chief of Jamaat-e-Islami under the Unlawful Activities Prevention Act (UAPA). One FIR was registered in the year 2009 and another was in the year 2019. Hameed Ganie was arrested on February 22, 2019, after the Centre banned the Jamaat-e-Islami that year. He was granted bail on March 9 2019 but was again arrested immediately thereafter.

The Counsel representing Hameed Ganie argued that while he was still in police custody, the detention order was passed on March 20, 2019, pursuant to which he was detained on March 24, 2019. 

Ganie was propagating the ideology of the banned Jamat-e-Islami and had taken over the rein of the organization as its “Ameer”: State Government

The State Government opposing the plea stated that Hameed Ganie was propagating the ideology of the banned Jamat-e-Islami and had taken over the rein of the organization as its “Ameer”.

Also, it was argued that his motive is to spread and deepen the ideology of his organization and work towards bringing about the secession of Jammu and Kashmir from India and its consequent merger with Pakistan.

Further, the Government submitted before the court that since the activities of the detenue were highly prejudicial to the security of the State, it was imperative to keep him under preventive detention, so as to prevent him from indulging in his nefarious and anti-national activities.

Nature of the allegations would not justify laxity in adhering to the law on the part of the authorities: HC

The High Court while passing its order observed that neither the police dossier nor the grounds for his detention contained "any whisper as to whether the appellant was ever arrested in the aforesaid FIR/FIRs."

The Bench also held that the nature of the allegations would not justify laxity in adhering to the law on the part of the authorities.

“No doubt, allegations against the appellant, as narrated in the grounds of detention, may justify his detention under preventive custody, so as to prevent him from acting in any manner prejudicial to the security of the State, but the preventive detention law, which provides for depriving a citizen of his liberty without putting him to trial is required to be adhered to scrupulously," the Court stated.

Therefore, the State authorities were ordered to release Hameed Ganie forthwith if his custody is not required in any other case.