IIOJK High Court Stresses Specificity in Detention Grounds After Quashing PSA Order

Srinagar, The High Court of Indian illegally occupied Jammu and Kashmir (IIOJK) has emphasized the necessity for specific grounds in detention orders, ruling that courts hold the authority to examine the validity of such grounds to ensure they are adequately linked to the stated purposes of detention.

According to Kashmir Media Service, this ruling came as the court responded to a petition challenging the preventive detention of Ghulam Mohi-ud-Din Lone, represented by his mother Mehtaba. Justice Puneet Gupta of the IIOJK High Court noted that while the court does not serve as an appellate body to critique the detaining authority’s subjective satisfaction, it is nonetheless empowered to assess whether the detention grounds have a legitimate correlation with the detention’s objectives.

The case involved Lone, who was detained under the Public Safety Act (PSA) by the District Magistrate of Pulwama, with allegations tied to supporting terrorist activities. This followed an earlier detention order against Lone that the High Court had quashed in April 2022. Authorities reissued a fresh detention order in June 2022 on similar grounds, leading to the latest judicial review and the court’s reaffirmation of oversight capabilities concerning detention legitimacy.

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