J-K HC upholds preventive detention on man for 'anti-national' posts under PSA

Srinagar, Dec 9 (PTI) The High Court of Jammu and Kashmir and Ladakh has upheld the preventive detention of a man accused of posting anti-national content on social media.

Justice Sanjay Dhar last week upheld the detention order issued under the Public Safety Act (PSA) against Waseem Ahmad Dar alias Leepa by the Kupwara district magistrate in February 2024.

“It is a case where apprehension of the detaining authority with regard to the alleged activities of the petitioner was based upon the reports received from different agencies, which included videos uploaded by the petitioner on his Facebook account.

“It is on the basis of these anti-national videos/photos/posts/chats, which were uploaded by the petitioner on his Facebook account, that the detaining authority was satisfied that it is necessary to detain the petitioner in order to prevent him from indulging in the activities which are prejudicial to the security to the state,” Justice Dhar observed in his order.

The PSA is a preventive detention law that allows authorities to imprison individuals for up to two years without trial if suspected of threatening state security or public order.

The court dismissed the plea that the authorities have not resorted to the procedure under normal criminal law but straightaway taken the petitioner into preventive custody.

“It is to be noted that no FIR has been lodged against the petitioner nor is it a case where the petitioner was on bail. Thus, there was an occasion for the respondents to apply for cancellation of his bail.

“There was no occasion for the respondents either to resort to normal criminal law or to seek cancellation of his bail. The contention of the petitioner in these circumstances is not tenable in law,” Justice Dhar noted.

The judge also said he did not find any ground to interfere with the order of detention. “The petition lacks merit and is dismissed accordingly,” Justice Dhar said. PTI MIJ ARI