The High Court of Jammu and Kashmir and Ladakh on Monday struck down the detention order of Nazir Ahmad Ronga, a senior lawyer and former president of the Kashmir High Court Bar Association, who had been held under the Public Safety Act (PSA) since July of last year. Justice Sanjay Dhar ordered his immediate release, provided he is not implicated in any other legal matters.
Ronga, in his late 60s, was accused of engaging in “anti-national activities” and promoting ideologies of terrorism and secessionism. He is known to be a close associate of Mian Abdul Qayoom, another senior lawyer currently detained under PSA and accused in the 2020 murder of advocate Babar Qadri.
In a detailed judgment, Justice Dhar highlighted the vague and ambiguous nature of the allegations against Ronga, pointing out that they lacked sufficient detail for Ronga to mount an effective defense. This, the court noted, infringed upon his constitutional rights under Article 22(5) of the Constitution of India, which ensures that individuals detained have the right to be informed of the grounds of their detention and must be given the earliest opportunity to make a representation against the order.
“The respondents are directed to release the petitioner from the preventive custody forthwith, provided he is not required in connection with any other case,” Justice Dhar stated, emphasizing the need for the immediate implementation of the court’s order.
The court’s observation also criticized the detaining authority’s non-application of mind, noting that the allegations, especially those related to Ronga’s recent activities, were not substantiated by any concrete evidence or intelligence reports. This lack of evidence and the generic nature of the accusations made the detention order unsustainable under judicial scrutiny.
