Srinagar: The Jammu and Kashmir and Ladakh High Court on Monday quashed the preventive detention of Advocate Nazir Ahmad Ronga, a former President of the Jammu and Kashmir High Court Bar Association. He was detained under the Jammu and Kashmir Public Safety Act (PSA) last year.
Justice Sanjay Dhar, while delivering the judgment, ordered Ronga’s immediate release, stating that the allegations against him were vague and lacked substantial evidence.
“The allegations leveled against the petitioner in the grounds of detention are vague, ambiguous, and lacking in material particulars,” the court observed, as reported by Bar & Bench. It further added that no intelligence report supported the accusations against Ronga, undermining the credibility of his detention.
Court Slams Lack of Evidence
The court noted that the detention record did not contain any proof that Ronga continued to hold the ideology for which he was initially detained in 2019. Justice Dhar remarked, “The manner in which the grounds of detention have been formulated by the detaining authority clearly reflects non-application of mind on its part.”
Since the grounds of detention were found to be vague, the court concluded that Ronga could not have made an effective representation against his detention, thereby infringing his constitutional rights under Article 22(5) of the Indian Constitution.
Arrest Without Prior Notice
Ronga was arrested on the night of July 11, 2024, from his residence in Nishat, Srinagar. He was first taken to Nishat Police Station and later shifted to Kot Bhalwal Jail in Jammu. His family was not informed of the reasons for his arrest at the time. CCTV footage captured the police team arriving at his home, but details of his PSA detention order only emerged later.
The detention order, issued by the Srinagar District Magistrate on July 10, cited reasons of “acting in any manner prejudicial to the maintenance and security of the State.” However, the court found these justifications weak and unsubstantiated.
Legal Battle and Compensation Demand
The habeas corpus petition challenging Ronga’s detention was filed by his wife, Bilquees Ronga. The petition argued that the detention was baseless, politically motivated, and aimed at damaging Ronga’s professional career. The plea further sought compensation for tarnishing his reputation.
Ronga had previously been detained under PSA in 2019, a day before the abrogation of Article 370, along with other political and legal figures.
Senior Advocate Davendra N Goburdhun, along with advocates Umair Ronga, Tuba Manzoor, and Sabiya Shabir, represented Ronga in court. The J&K administration was represented by Senior Additional Advocate General Mohsin Qadiri, Government Advocate Faheem Nisar Shah, and Advocate Maha Majeed.
