The Jammu & Kashmir High Court has directed the government to respond to a plea challenging the preventive detention of Senior Advocate Nazir Ahmad Ronga under the Jammu & Kashmir Public Safety Act, 1978. Ronga was detained in July 2024, and his family was not informed of the legal grounds for his arrest.
Allegations of Illegal Detention
The habeas corpus petition filed by Ronga's counsel alleges that the detention was illegal and in violation of established legal procedures. It also claims that the arrest did not follow the Supreme Court's guidelines in the DK Basu case. The petition seeks compensation of ₹60 lakhs for wrongful detention and torture.
Court Proceedings
Justice Puneet Gupta, presiding over the case, granted the government four weeks to respond. This follows a previous extension in September when the government was given three weeks to file its counter. The matter is now listed for hearing on November 20, 2024. The court’s decision is crucial given the contentious nature of the Public Safety Act, which allows detention without trial for up to six months.
Background on Nazir Ahmad Ronga
Ronga, a senior advocate and former president of the Jammu & Kashmir High Court Bar Association, has been a prominent figure in legal and political circles. He was previously detained in 2019 before the abrogation of Article 370. His detention this time has raised concerns over the use of preventive detention laws in Jammu & Kashmir, especially post-Article 370.
Conclusion
The case highlights ongoing legal challenges concerning the application of preventive detention laws in Jammu & Kashmir. The court’s response to the petition will have significant implications for the interpretation of the Public Safety Act and the rights of individuals detained under such laws.
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