J-K HC upholds preventive detention on man for ‘anti-national’ posts under PSA

Srinagar, Dec 9: The High Court of Jammu and Kashmir and Ladakh has upheld the preventive detention of a man accused of posting anti-national content on social media.

Justice Sanjay Dhar last week upheld the Public Safety Act (PSA) detention order issued against Waseem Ahmad Dar alias Leepa by the Kupwara district magistrate in February 2024.

According to the court, the detaining authority based its decision on reports from various agencies, including videos and posts uploaded by Dar on his Facebook account.

“It is on the basis of these anti-national videos/photos/posts/chats… that the detaining authority was satisfied that it is necessary to detain the petitioner in order to prevent him from indulging in activities prejudicial to the security of the state,” the order stated.

The PSA allows authorities to detain individuals without trial for up to two years if they are believed to pose a threat to state security or public order.

The court rejected the petitioner’s argument that authorities bypassed normal criminal procedures.

As no FIR had been lodged and the petitioner was not on bail, the court held that there was no requirement to invoke regular criminal law. “The contention of the petitioner in these circumstances is not tenable in law,” Justice Dhar noted.

Finding no ground to interfere with the detention order, the court dismissed the petition, stating it lacked merit.