SRINAGAR: The High Court of Jammu and Kashmir and Ladakh upheld the use of the Public Safety Act for the detention of Abdul Hameed Ganie, also known as Dr Hameed Fayaz, the leader of Jama’at-e-Islami.
“Those responsible for national security or maintaining public order must be the ultimate authorities in determining what actions are necessary for national security, public order, or the state’s security,” stated a panel of judges led by Justice M. A. Chowdhary.
This statement came as they dismissed a petition filed by Fayaz Hameed’s wife, who sought to invalidate the detention order under the Public Safety Act issued by District Magistrate Shopian on September 16 of the previous year.
“The concept of preventive detention is designed to protect society. The goal is not to punish an individual for deeds committed, but to intercede before actions are carried out, thereby preventing them,” the court remarked. The court further cited the Supreme Court’s stance in the case of ‘Ashok Kumar v. Delhi Administration & Ors., AIR 1982 SC 1143’, highlighting that preventive measures, even if they result in some limitations or challenges for individuals, do not constitute a form of punishment.
The court indicated that the detention records revealed Dr Fayaz to be highly educated, holding a PhD from Kashmir University. He had been associated with Jama’at-e-Islami since his college days and later became the “Ameer” (leader) of Jama’at-e-Islami JK in 2018.
According to the detention records, Fayaz was a fervent advocate and supporter of militants, working towards the secession of Jammu and Kashmir from India and its subsequent merger with Pakistan.
The court highlighted that due to his significant role within the banned organisation of Jama’at-e-Islami, which involved propagating anti-national sentiments, campaigning against the nation’s sovereignty and integrity, as well as instigating and motivating the general public for anti-national activities, he was initially detained under the Public Safety Act in District Budgam.
However, the detention order was later invalidated, leading to his release in 2021. Subsequently, he was once again detained and placed under a PSA order, a decision that he challenged through his wife.