Jammu and Kashmir High Court quashes preventive detention of former Bar President NA Ronga

The Jammu and Kashmir and Ladakh High Court on Monday quashed the preventive detention of Advocate Nazir Ahmad Ronga, a former President of the Jammu and Kashmir High Court Bar Association who was detained under the Jammu and Kashmir Public Safety Act last year [Nazir Ahmad Ronga v. UT of J&K]..Justice Sanjay Dhar ordered the authorities to immediately release Ronga from the preventive custody. "The allegations levelled against the petitioner in the grounds of detention are vague, ambiguous and lacking in material particulars," the Court said.It added that the allegations against Ronga were not even supported by any intelligence report, so as to lend "some sort of credence" to them."In fact, the detention record produced before this Court does not contain any intelligence report that would go on to show that the petitioner has continued to hold the same ideology for which he was detained in the year 2019.".Since the Court found the grounds of detention to be ambitious and vague, it ruled that Ronga could not have made an effective and suitable representation against the order of detention. Thus, his valuable constitutional right available under Article 22(5) of the Constitution of India stood infringed, it concluded."The manner in which the grounds of detention have been formulated by the detaining authority clearly reflects non-application of mind on its part. The conclusion and the grounds appear to be of general nature without any specific details about the particular role played by the petitioner," the Court added..The order was passed on a habeas corpus petition filed through Ronga's wife Bilquees Ronga. It was argued that allegations leveled against the senior lawyer to justify his preventive detention were baseless, concocted and malicious. The plea also contended that the detention order was passed out of vengeance. Further, it was submitted that detention tarnished the senior lawyer's hard-earned reputation, and ruined his professional prospects, for which he deserves to be compensated..Ronga was detained by Jammu and Kashmir police in the middle of night on July 11, 2024. He was arrested from his residence at Nishat in Srinagar and was initially lodged at the Nishat police station after which he was shifted to Kot Bhalwal jail in Jammu.At the time of his arrest, his family was not informed that he was being detained under the Public Safety Act. The arrival of a police team as well as the detention of Ronga was captured on CCTV footage.It later came to light that a detention order under the Public Safety Act had been passed by the Srinagar District Magistrate on July 10 to prevent Ronga from "acting in any manner prejudicial to the maintenance and security of the State.".Ronga has served as President of the Jammu and Kashmir High Court Bar Association (HCBA), Srinagar several times. In 2019, he was one of several leaders detained under the Public Safety Act a day before Article 370 (special status to Jammu and Kashmir) of the Constitution was abrogated, in a bid to prevent protests against the move.The Jammu and Kashmir Public Safety Act is a preventive detention law under which a person can be jailed for six months without a trial. .Senior Advocate Davendra N Goburdhun with advocates Umair Ronga, Tuba Manzoor and Sabiya Shabir represented Nazir Ronga.Senior Additional Advocate General Mohsin Qadiri with Government Advocate Faheem Nisar Shah and advocate Maha Majeed represented the Union Territory of J&K..[Read Judgment]