The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of Bilal Ahmad Lone under the Public Safety Act (PSA), rejecting his challenge to the detention order issued by the District Magistrate, Srinagar, in October 2024.
Justice Sanjay Dhar, while hearing Lone’s habeas corpus petition, dismissed the plea and found no sufficient ground to interfere with the preventive detention order dated October 11, 2024.
According to the detention record placed before the court, Lone was allegedly involved in the lynching of a Deputy Superintendent of Police (DySP)-rank officer near Jamia Masjid in Srinagar during the intervening night of June 22 and 23, 2017.
The officer had reportedly been deployed in connection with security arrangements for the peaceful culmination of a large gathering of devotees at the historic Jamia Masjid.
The authorities relied upon the alleged past involvement of the detenue as well as subsequent inputs while passing the fresh detention order. The detention record stated that following his release from an earlier period of detention in September 2024, credible information was received indicating that a Pakistan-based handler linked to The Resistance Front (TRF) had allegedly contacted him through an encrypted messaging application.
As per the grounds of detention, the handler allegedly instructed Lone to recruit young people for terrorist activities.
Court Rejects Claim of Continuous Custody
One of the principal arguments raised before the High Court was that Lone had remained continuously in custody and that the fresh detention order was therefore legally unsustainable.
The court, however, rejected the contention after examining the custody record. Justice Dhar noted that Lone had been released from the earlier detention on September 10, 2024, while the fresh PSA detention order was subsequently passed on October 11, 2024.
The court therefore found no merit in the argument that there was no intervening release between the earlier detention and the fresh preventive detention.
58 Leaves of Material Supplied to Detenue
The High Court also examined the contention regarding non-supply of material relied upon by the detaining authority.
The record showed that Lone had been provided with the detention order, grounds of detention, dossier and other relied-upon documents, comprising a total of 58 leaves.
The court further noted that a representation submitted by the detenue against his detention had been considered and rejected by the Government.
Court Finds Detention Grounds Specific
Justice Dhar observed that the grounds of detention were not vague and contained specific allegations and material forming the basis of the detaining authority’s satisfaction.
After examining the record and the submissions, the court concluded that the procedural safeguards required in preventive detention proceedings had been complied with and that the material relied upon by the authorities had been supplied to the detenue.
The High Court consequently found no legal ground to interfere with the PSA detention order and dismissed the habeas corpus petition filed by Bilal Ahmad Lone.
The ruling effectively allows the preventive detention order issued by the District Magistrate, Srinagar, to remain in force, subject to the applicable provisions of law.
(KNC)
