The tendency to detain "negative critics" of the government amounts to an abuse of the law, observed the Jammu and Kashmir High Court while quashing the detention of journalist Sajad Ahmad Dar, also known as Sajad Gul
The rigor of Section 13 (7) of the Act will not come in the way of a constitutional court exercising jurisdiction under Article 226 of the Constitution to direct release of a detenue, the Jammu & Kashmir High Court said.
A criminal conviction cannot stand merely on the basis of apprehensions and sentiments, observed the Jammu and Kashmir High Court recently while acquitting a teacher who had been accused of raping his student.
The Court also declined to entertain Dar's plea for an inquiry against Justice Wani on noting that the lawyer had already filed a separate complaint against the judge before the Chief Justice, which was still pending.
The High Court of Jammu and Kashmir and Ladakh ruled that a failure by the detaining authority to supply the detenue with the material forming the basis for detention would render a preventive detention order illegal.