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High Court frees Doda’s Mohd Rafi under PSA, citing vague grounds and procedural flaws. Read more on Jammu Kashmir news at www.tahirrihat.com. The High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act (PSA) detention of Mohd Rafi, a Doda political worker, ordering his immediate release due to procedural lapses and vague grounds, as reported by Tahir Rihat. |
On October 17, 2025, the High Court of Jammu & Kashmir and Ladakh delivered a significant ruling, overturning the PSA detention order against Mohd Rafi, alias Pinka, a resident of Phagsoo village in Doda district. The decision, uploaded on October 18 and accessed by The Chenab Times, highlighted serious procedural violations and unsubstantiated grounds in the detention order issued on April 10, 2025, by the Doda District Magistrate. Justice Vinod Chatterji Koul, presiding over the case, ordered Rafi’s immediate release from District Jail Udhampur, where he had been held since April.
The habeas corpus petition (HCP No. 66/2025), filed by Rafi’s wife, Parveena Begum, challenged the detention, which authorities justified as necessary to prevent activities prejudicial to public order. The detention dossier cited four FIRs against Rafi, dating back to 2013, though three had been resolved in his favor by acquittal or discharge. The court found the grounds for detention vague, lacking specific details like dates or precise acts, which hindered Rafi’s ability to contest the charges effectively. According to The Chenab Times, the detention order was provided only in English, despite Rafi’s familiarity with Urdu and Kashmiri, violating his constitutional right under Article 22(5) to make an effective representation.
Justice Koul’s judgment criticized the authorities for multiple procedural lapses. A representation submitted by Rafi’s counsel, Rahul Raina, was rejected by the District Magistrate on May 1, 2025, without reasoned analysis, despite the Home Department’s approval of the detention on April 16. The court noted that post-approval, the Magistrate lacked authority to act independently under Section 19 of the PSA. Drawing on Supreme Court precedents like Tariq Ahmad Dar vs. State of J&K (2017) and Ankit Ashok Jalan vs. Union of India (2020), the judgment emphasized that such mishandling of representations violates constitutional safeguards, rendering the detention unlawful.
Mohd Rafi, a laborer and small shop owner, has been politically active, having contested local elections and campaigned for Aam Aadmi Party’s Mehraj Malik in the 2024 Assembly polls. Labeled an “Over Ground Worker” by police, Rafi faced allegations of inciting communal discord, though critics argue his detention was linked to his political activities. The PSA, a law enabling detention without trial for up to two years, has faced scrutiny for its frequent use in Jammu and Kashmir, particularly post-Article 370 revocation. The court’s ruling aligns with recent judicial trends quashing PSA orders for similar procedural and substantive flaws, as seen in cases involving journalists and activists.
This ruling underscores ongoing concerns about the misuse of preventive detention laws in the Chenab Valley and beyond. Legal experts suggest it could encourage further challenges to arbitrary detentions, reinforcing judicial oversight in the region. As Jammu and Kashmir navigates its evolving political landscape, cases like Rafi’s highlight the need to balance security measures with democratic rights.
The court directed Rafi’s release unless required in another case and ordered the return of detention records. The administration has not commented on the ruling. Stay updated on Jammu Kashmir news and legal developments at www.tahirrihat.com.
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