In a landmark ruling, the Jammu and Kashmir High Court has quashed the detention of Ali Mohammad Lone, a former spokesperson of the Jamaat-e-Islami, under the Public Safety Act (PSA). The court declared the detention illegal and ordered the Union Territory administration to pay ₹2 lakh as compensation for the unlawful detention, highlighting the violation of fundamental rights.
Case Background
Ali Mohammad Lone had been detained multiple times under the PSA from 2019 to March 2024. Despite previous court orders quashing his detentions, the authorities repeatedly issued new detention orders, keeping him in preventive custody for over 1,080 days. The detentions were challenged in the High Court, which eventually ruled in Lone’s favor【181†source】【182†source】.
Court’s Findings
The court found that the repeated detentions of Lone were not only illegal but also reflected a blatant disregard for judicial decisions. The court criticized the district authorities for acting beyond their constitutional powers and failing to provide a reasonable and rational basis for the detentions. Justice Rahul Bharti noted that the detentions were “mala fide and illegal,” and such actions constituted a serious breach of Lone’s fundamental right to personal liberty【182†source】.
Compensation and Legal Implications
The High Court directed the administration to compensate Lone with ₹2 lakh for the unlawful infringement of his rights. This decision underscores the judiciary’s role in upholding the rule of law and protecting citizens from arbitrary state actions. It also sets a precedent for holding authorities accountable for illegal detentions and ensuring that individuals’ rights are safeguarded against misuse of preventive detention laws【181†source】【182†source】.
Conclusion
This ruling by the Jammu and Kashmir High Court not only provides justice to Ali Mohammad Lone but also sends a strong message about the protection of fundamental rights. It highlights the importance of judicial oversight in cases of preventive detention and reinforces the necessity of adhering to constitutional mandates in administrative actions.