Kanoon Ki Dastak
The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of Shaista Maqbool, who was detained under the Jammu & Kashmir Public Safety Act, 1978, for allegedly maintaining close links with terrorists and actively engaging in activities prejudicial to the security of the Union Territory.
According to the grounds of detention, Shaista Maqbool was in a love relationship with Musaib Lakhvi, a known terrorist active between 2016 and 2018 in the Hajin area, and nephew of Zakiur Rehman Lakhvi, one of the principal accused in the 2008 Mumbai terror attacks and a co-founder of the Lashkar-e-Toiba terrorist organization.
The dossier further revealed that she had established links with Pakistan-based terror handlers, including individuals identified as Abu Zehran and Abu Hans, and was allegedly involved in sharing sensitive information concerning the movement of political leaders and security personnel using encrypted communication channels.
Justice Sanjay Dhar, who delivered the judgment, dismissed the habeas corpus petition challenging her detention. The Court held that while there was a similarity in the language used in the police dossier and the grounds of detention, this alone did not indicate mechanical decision-making or lack of application of mind by the District Magistrate, Bandipora, who issued the detention order on December 4, 2023.
“Merely because there is similarity in the language adopted in the dossier of detention and the grounds of detention, it cannot be stated that the detaining authority has acted in a mechanical manner or that it has not applied its mind,” the Court observed.
The Court found that the detaining authority had analysed the material, drawn its independent satisfaction, and acted within the framework of law. It further held that the allegations were specific, recent, and credible, not based on stale incidents or vague accusations. The petitioner’s representations were considered by both the detaining authority and the Home Department, with a personal hearing also granted by the Advisory Board.
The Court concluded that there existed a live and proximate link between the petitioner’s activities and the need for her preventive detention. Consequently, the petition was dismissed, and the detention order was upheld as lawful and justified.
Faheem Indrabi, Advocate appeared for the petitioner.
Jehangir Ahmad Dar, Govt Advocate, appeared for the respondent.