The Court said that the preventive detention of the lawyer was “an outcome of a preconceived mindset” and aimed to somehow keep him chained to jail bars even without any conviction in a criminal case.
The Court also noted that an order of detention made by a District Magistrate was required to be approved by the government within the 12 days from the date of order.
The tendency to detain "negative critics" of the government amounts to an abuse of the law, observed the Jammu and Kashmir High Court while quashing the detention of journalist Sajad Ahmad Dar, also known as Sajad Gul
The Jammu and Kashmir High Court quashed a preventive detention order passed by the District Magistrate, Kathua on finding that the Magistrate "legislated a new head" to detain a man under the Public Safety Act, 1978.
A Muslim who is a fundamentalist is merely someone who believes and steadfastly pursues the fundamentals of Islam, and cannot be equated with "separatist" or "extremist", the Jammu and Kashmir High Court observed.