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February 19, 2025 – Kashmir –
In a significant ruling, the Jammu and Kashmir and Ladakh High Court has quashed the detention of journalist Majid Hyderi under the Public Safety Act (PSA), citing violations of constitutional rights.
Hyderi, an independent journalist and political commentator, was arrested in September 2023 on charges of extortion and defamation, following a complaint by another journalist. Despite being granted bail by the Chief Judicial Magistrate in Srinagar, he was re-arrested and detained under the PSA, a preventive detention law that allows authorities to detain individuals without trial for up to two years.
Justice V.K. Chatterjee, delivering the verdict, criticized the detention order for its vague and generalized grounds, stating that it lacked specific allegations and thereby violated Article 14 of the Indian Constitution, which guarantees equality before the law. The court emphasized that such arbitrary use of preventive detention undermines the rule of law.
Advocate Mohammad Yousuf Bhat, representing Hyderi, welcomed the judgment, asserting that the allegations against his client were baseless and unproven. He highlighted that the court’s decision serves as a reminder to authorities about the importance of upholding legal standards and not misusing laws like the PSA to suppress dissent.
The PSA has long been a subject of controversy, with human rights organizations criticizing its potential for misuse against journalists, activists, and political opponents. Hyderi’s case adds to the ongoing debate about the balance between national security and individual freedoms in the region.
This ruling not only brings relief to Hyderi and his supporters but also sets a precedent reinforcing the judiciary’s role in safeguarding constitutional rights against arbitrary state actions.
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