In a landmark decision, the Jammu and Kashmir High Court has nullified the preventive detention of Advocate Mian Muzaffar, who had been detained under the Jammu and Kashmir Public Safety Act (PSA) in July 2024. Accused of promoting secessionist ideologies allegedly inspired by his uncle, Mian Abdul Qayoom, Muzaffar’s detention was deemed by the Court to lack clarity and substantiation.
The case traces back to Muzaffar’s arrest on the night of July 13-14, 2024, following allegations that he had become a proponent of separatism, reportedly influenced by Qayoom, a senior lawyer currently imprisoned for alleged involvement in the 2020 murder of Advocate Babar Qadri. Authorities claimed that Muzaffar had collaborated with separatist leaders in organizing events to advocate divisive ideologies—a claim Muzaffar vehemently denied.
The High Court, led by Justice Moksha Khajuria Kazmi, dismantled the detention order, criticizing it as “vague and illusive.” The judge highlighted the lack of concrete evidence, noting the absence of details such as the timing of the alleged seminars or clear links between Muzaffar’s actions and the purported threat to public safety.
“The grounds for detention fail to establish a proximate or credible connection between the accused’s past conduct and the need for preventive measures,” the judgment stated. The Court further emphasized that essential documents were withheld from Muzaffar and his family, obstructing their ability to challenge the detention effectively.
This ruling marks a significant legal victory for Muzaffar, with the Court underscoring the importance of due process and specific evidence in cases of preventive detention.
