The High Court of Jammu and Kashmir and Ladakh recently set aside the preventive detention of former Srinagar Municipal Corporation (SMC) corporator, Aqib Ahmad Renzu, citing the absence of sufficient grounds for invoking the preventive detention law against him.

A Division Bench comprising Acting Chief Justice Tashi Rabstan and Justice MA Choudhary noted that despite Aqib Ahmad Renzu being implicated in seven criminal complaints, the regular criminal justice system was adequate to address the alleged offences. The Court further emphasized that the granting of bail in these cases did not justify the invocation of preventive detention laws against him.

"The offences as alleged in the FIRs are not of the nature that ordinary criminal law cannot deal with those offences and the fact that he was admitted to bail in these FIRs is no ground to detain him under preventive law and, thus, impugned detention of the detenue is unsustainable under law. In the present case, the ordinary law of land was sufficient to deal with the situation," the Court said.

The Court held that the reasons provided for placing Aqib Ahmad Renzu under preventive detention, as per the Jammu and Kashmir Public Safety Act (PSA), failed to demonstrate that he had engaged in any actions posing a threat to public order, as defined under Section 8(3) of the Act.

"The grounds of detention also reveal that the allegations against the detenue in the grounds of detention with regard to offences also do not fall under the realm of public order as defined under Section 8(3) of the Act as there is no allegation against the appellant-detenue regarding his activities effecting public at large. The allegations may amount to law and order issue but he cannot be held to have disturbed the public order," the Court said.

Aqib Ahmad Renzu was detained under the Public Safety Act (PSA) in October last year, shortly after his reported arrest in connection with a sexual harassment case. Following his detention, Renzu approached the High Court, seeking to quash the preventive detention order.

On June 7 of this year, a single-judge bench of the High Court dismissed Renzu's Habeas Corpus petition, stating that his involvement in nationalist activities did not exempt him from being held accountable for criminal offenses.

Renzu challenged this ruling before the Division Bench, arguing through his counsel that the single judge failed to consider that he was neither a 'stone-pelter' nor an anti-national or anti-social element, contrary to the claims of the detaining authority. His counsel emphasized that Renzu had been actively involved in mainstream politics, working alongside the government to promote peace and development in Kashmir.

The defense also argued that Renzu had not been provided with all the materials relied upon by the detaining authority to justify his preventive detention, thus impairing his ability to mount an effective defense. The Division Bench found merit in this argument, recognizing that the failure to provide all necessary materials undermined Renzu's right to make a proper representation against the detention order.

"It is clear from the material available on file that all the documents have not been provided to the appellant-detenue in order to enable him to make an effective representation to the Government or Detaining Authority, as such, non-supply of material violates the rights of the appellant-detenue under Article 22(5) of the Constitution of India and would make the order unsustainable in the eyes of law," the Court said.

The Court quashed the preventive detention order, observing that the regular criminal law was sufficient to address the alleged offences against Aqib Ahmad Renzu. 

Advocate Shuja ul Haq represented Renzu in the case, while Government Advocate Faheem Nisar appeared on behalf of the Jammu and Kashmir authorities.

Case Title: Aqib Renzu Vs UT JK