The High Court of Jammu & Kashmir and Ladakh on Thursday quashed the preventive detention of Mohammad Rafi alias Pinka, a close aide of jailed AAP MLA Mehraj Malik. Mohammad Rafi, a resident of Phagsoo in Thathri sub-division of Doda district, was detained under J&K Public Safety Act, 1978, after the Doda district magistrate passed the order on April 10.

Advocate Rahul Raina, who appeared for the detenue, submitted that the allegations mentioned regarding the detention were vague, absurd, baseless and without any substance. He also relied upon a judgment of the division bench of J&K high court dated July 26, 2024 in the “Showkat Ali versus UT of J&K” case. Advocate Raina further submitted that grounds of detention were bereft of details of activities of the detenue, which would have necessitated issuance of detention order.

“If the detention order is passed on vague grounds, then the constitutional right of making representation against the detention order as envisaged by Article 22(5) of the Constitution would become a mirage and that issuance of order of detention on vague grounds would amount to be an arbitrary exercise of power by the detaining authority,” submitted advocate Raina.

Justice Vinod Chatterji Koul, after hearing both sides, allowed the habeas corpus petition of detenue and accordingly quashed his detention order. Justice Koul further issued directions that detenue Mohammad Rafi be released from the custody forthwith, if he is not otherwise required in any other case.

AAP MLA Mehraj Malik remains jailed at Kathua jail Malik since September 8 under the stringent Public Safety Act (PSA) for allegedly disturbing public order in Doda district. Malik has also sought quashment of his detention order issued by district magistrate, Doda, under Section 8 of J&K Public Safety Act, 1978.

A principal correspondent, Ravi Krishnan Khajuria is the bureau chief at Jammu. He covers politics, defence, crime, health and civic issues for Jammu city.