Jammu and Kashmir: Magistrate fined Rs 10,000 for unjust PSA detention

The High Court of Jammu and Kashmir and Ladakh has ruled against the district magistrate of Jammu, ordering him to personally pay a penalty of Rs 10,000 for unjustifiably detaining Surjeet Singh, alias Sonu, under the Jammu and Kashmir Public Safety Act, 1978 (PSA), as per a Bar and Bench report.

The case, Surjeet Singh alias Sonu vs Union Territory of Jammu and Kashmir, underscored issues of vague reasoning and insufficient justification in the detention order.

What were the HC's findings?

Presiding over the case, Justice Atul Sreedharan, criticised the detention order as vague and reflective of an attempt to justify actions without proper grounds.

The Court specifically pointed out the reasoning in paragraph 7 of the detention grounds, describing it as 'confusing'.

The Court said: 'Paragraph 7, quoted hereinabove, reflects that twisted reasoning and thought process of the district magistrate and deserves to be deprecated strongly. It is vague and the language used is intended to confuse rather than convince and it reflects an anxiety on the part of the district magistrate, Jammu, to justify the unjustifiable.'

The details of the case

The habeas corpus petition filed by Surjeet Singh through his wife challenged the detention order issued on 30 January, which cited four criminal cases against him.

The Court noted that while these cases included allegations, they were primarily interpersonal in nature and specifically highlighted that apart from one case of attempt to murder in 2021, the remaining cases were not pertinent to state security concerns.

'At first blush, all the cases with the exception of FIR No. 4/2021 are interpersonal in nature which does not even by a long shot involve the security of the State or public order,' the Court said in its 9 July order.

The high court noted that the government's counsel failed to demonstrate sufficient justification for the PSA detention.

Court's decision and future course

Consequently, the High Court ordered the immediate release of Surjeet Singh from detention.

Additionally, the Court mandated that the district magistrate of Jammu personally pay Rs 10,000 to the petitioner as a penalty.

The Court also warned that if the penalty is not paid within two weeks, the petitioner has the right to file a contempt of court petition against the district magistrate.