Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

Moulana Abdul Rashid Dawoodi, the leader of 'Tehreek-e-Sout-ul Auliya,' and Mushtaq Ahmed Veeri, associated with the Jamiat-Ahle-Hadees (JaH), have strong followings in the Kashmir Valley. Their respective detention orders were challenged through habeas corpus petitions, leading to two separate judgments by Justice Sanjay Dhar and Justice Rajnesh Oswal respectively.

In the case of Dawoodi, Justice Sanjay Dhar ruled that the detention order was flawed due to the non-supply of relevant material and a lack of application of mind by the detaining authority. The bench highlighted discrepancies in the documents provided to the detainee, casting doubts on their authenticity. It also emphasized that non-consideration of the detainee's representation violated constitutional safeguards.

Dealing with the contention of the petitioner Dawoodi regarding the non-supply of relevant material and non-application of mind on the part of the detaining authority while passing the impugned detention order, the bench noted that despite no FIR being shown to have been registered against the petitioner, two documents under the heading “Receipt of Ground of detention & relevant record” and “Executive Report” had been annexed with the detention record.

“Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 05 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt”, the bench remarked.

Justice Dhar accordingly quashed the detention order and directed the immediate release of Dawoodi, provided he is not required in connection with any other case.

In the case of Mushtaq Ahmed Veeri, Justice Rajnesh Oswal noted that the detention order relied on FIRs that had been previously used in a detention order that was later quashed. The court held that it was incumbent upon the authorities to inform the detaining authority of this fact.

Furthermore, the bench found the grounds of detention vague, and lacking specific details, which hindered the detainee's ability to make a meaningful representation.

“Perusal of the grounds of detention also reveals that the same are vague more particularly in respect of allegations leveled against the petitioner that he was delivering anti national speeches. No date, month and year of the alleged delivering of anti-national speeches have been mentioned in the grounds of detention….preventive detention cannot be issued on vague grounds as it disables the detenue to make effective and purposeful representation against the same”, Justice Oswal reasoned.

As a consequence, the court allowed the release of Mushtaq Veeri, with a condition to furnish an undertaking that he would not engage in any hate or anti-national speech in the future.

“Taking into consideration the submissions made by learned counsel for the petitioner under instructions from the petitioner in respect of the voluntary offer of the petitioner to submit an undertaking, the petitioner is directed to furnish an undertaking before the District Magistrate concerned that the petitioner will not deliver any hate or anti-national speech on any occasion”, the court concluded.

Case Title: MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 242

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