Petition challenging detention under Public Safety Act in J&K


Reyaz ahmad khan verus state of J&K and others, HCP 497/16, J&K High Court. Synopsis Reyaz Ahmad through his cousin brother namely Habibullah challenges the detention order passed by Deputy Commissioner Kupwara. The said detention order is prepared by District Magistrate on the dossier prepared by SSP Kupwara, wherein it is alleged that the Detenue namely Reyaz is sponsoring the activities by which people of the area are asked to come out and protest in a manner which is highly prejudicial to the maintenance of public order. The family refutes the claim of police by saying that their son who is a painter by profession and has been falsely implicated in frivolous cases. The family further alleges that Reyaz is a person who would never harm anyone. Four FIR’s have been registered in the police station kupwara against him, 3 in the year 2016 and 1 in the year 2010. Facts Reyaz Ahmad khan was detained under contentious draconian law called Public Safety Act (PSA). The dossier was prepared by the SSP kupwara stating therein that reyaz was inciting others to create violence in the area. He has been accused of organizing the rallies against government, the detention order also says that reyaz had been a part of mob which attacked the police station in kupwara with stones. Family dispels all the accusations of police by stating that reyaz has been implicated for showing his dissent against the present regime. Reyaz is a painter by profession and has been earning his livelihood very peacefully but the authorities have been pushing him to the wall. Hence the present Habeas corpus petition Prayer Petitioner seeks the quashment of detention order which has been passed by the district magistrate kupwara and consequently seeks his immediate release. Status The detention order where under the petitioner was detained by the authorities for 3 long months has been quashed by the court and it has been ordered that he be released immediately. Consequently, the petitioner was released.