J&K High Court Orders Compensation for Illegal PSA Detention

In an unprecedented ruling, the Jammu and Kashmir High Court has ordered the Union Territory administration to pay Rs. 5 lakh in compensation to Ali Mohammad Lone, a former spokesperson of the banned Jamaat-e-Islami, for his illegal detention under the Public Safety Act (PSA). This highlights the first time the court has penalized the state for a PSA detention.

Ali Mohammad Lone, also known as Advocate Zahid Ali, was detained multiple times under the PSA:

• First detention: March 5, 2019; quashed by the court on July 11, 2019
• Second detention: July 19, 2019; quashed on March 3, 2020
• Third detention: June 29, 2020; quashed on February 24, 2021
• Fourth detention: September 14, 2022; the subject of the current ruling

Key Findings of the Court

• Justice Rahul Bharti, in his judgment pronounced on April 3 and uploaded recently, deemed Lone’s detention “mala fide and illegal.”
• Lone had been detained for over 1,080 days across four detention orders from 2019 to March 2024.
• The court directed the state to pay Rs. 5 lakh in compensation, although Lone had sought Rs. 25 lakh.
• The judgment criticized the Senior Superintendent of Police and the District Magistrate of Pulwama for not considering the previous orders quashing the PSA before issuing the fourth detention order.
• The court noted that the fourth detention seemed preconceived, as both the dossier and detention order were dated the same day, indicating a predetermined intent to keep Lone detained despite the lack of a criminal conviction.

About the Public Safety Act (PSA)

The Public Safety Act (PSA) is a preventive detention law in Jammu and Kashmir, India, which allows authorities to detain a person without trial for up to two years. The act was introduced in 1978 to maintain public order and prevent violence and smuggling. The law has been criticized by human rights organizations for its alleged misuse and lack of due process. However, it has been criticized for its alleged misuse and lack of due process.

• Year of enactment: 1978
• Jurisdiction: Jammu and Kashmir, India
• Maximum detention period: 2 years
• Grounds for detention: Maintaining public order, preventing violence, and smuggling
• Detaining authority: District Magistrate or Divisional Commissioner
• Review: Advisory board to review detention cases within 8 weeks

Significance

This judgment is expected to set a precedent for similar cases of illegal detention under the PSA in Jammu and Kashmir. It highlights the court’s role in upholding the fundamental rights of citizens and holding the administration accountable for unlawful actions.

It may prompt a review of the PSA and its application in the region, potentially leading to reforms in the law and its implementation.