🐷The High Court of Jammu & Kashmir and Ladakh has quashed the detention of Kashmiri journalist Majid Hyderi, 43, under the Public Safety Act (PSA) and upbraided the state for labelling him "not a peaceful citizen of India".
ღ"It is very unfortunate that the state, in its reply affidavit, has labelled the detenu as 'not a peaceful citizen of India'. If we treat detenu… in such a harsh way, by bashing and thrashing them, and placing them under preventive detention, then we will lose 'peace' and 'peace-loving citizens'," said the single-Judge Bench headed by Justice Vinod Chatterji Koul.
⭕"Instead of appreciating the detenu, he has been placed under preventive detention. Instead of rewarding the mother of detenu, she has been forced to see her son detained in preventive detention for none of his faults," the court said.
♏The petitioner, Hyderi, had sought quashing of the preventive detention order under the PSA―passed by the district magistrate of Srinagar against him―on September 16, 2013. Hyderi was arrested in 2023 and shifted to the Kotbhalwal Central Jail in Jammu, where he was lodged since then.
ᩚᩚᩚᩚᩚᩚᩚᩚᩚ𒀱ᩚᩚᩚIn his petition, Hyderi pleaded that he was “a law abiding, peace loving and a senior journalist, debater of international repute”. His counsel, senior advocate M Y Bhat, said: "He has attained worldwide recognition for his reporting. He has contributed to reputed newspapers, journals and TV channels for the last two decades."
𝔉Hyderi argued that he had published a story in which he had “exposed one of the influential and well-connected individuals who happens to be a proclaimed offender and has various criminal cases against his name based on his extensive research, investigative journalism in order to serve public interest, accountability and national interest at large”. Subsequently, cases were filed against Hyderi and he was arrested and later booked under the PSA.
🍸While the respondent, the Union Territory counsel, insisting that Hyderi is not a peaceful citizen of India, Additional Advocate General (AAG) Rahella Khan, in her affidavit, alleged that Hyderi was involved in "anti-national and nefarious activities and his activities pose a serious threat to national security or public order". The AAG also alleged that Hyderi, operating within the realm of journalism, "has repeatedly engaged in actions that are not only provocative, but also gravely endanger the security and integrity of India".
ꦬOn the grounds for detention, the district magistrate of Srinagar had alleged that Hyderi “under the cover of journalism been advocating the idea of separatism and secessionist ideology through the electronic media, tweets and social media posts and trying to advance the radical ideology". "It is also mentioned in the grounds of detention that the detenu―through his TV debates/Facebook, YouTube posts and personal tweets―has been continuously propagating the stories in a selective narrative, which is in line with the separatist propaganda."
ꩵThe court said that the Union Territory administration itself had recognised Hyderi’s "unwavering commitment to the national interest" as he was selected to interact with the ambassadors from 15 countries, including the US, on January 9, 2020, after the abrogation of Article 370.
🌱The court mentioned his news report of June 6, 2023, in which he had stated that "braving terror threats and international conspiracies, the Modi Government hosted the G20 summit in Kashmir, and what made the celebrations possible in the region otherwise marred by terror-related violence of over three decades was essentially this foolproof security bandobast."
🍎"He, in his news report, thanked the J&K Police, the Central Armed Police for ensuring that the G20 festivities remained incident-free in absolute terms."
💦The court said Hyderi has placed on record a news report written by him where he reported: "Separatist leader, Sarkari Naukri: Why it’s time to investigate Syed Ali Shah Geelani’s grandson’s government job."
ꦅ"The detenu has also written against the outfit, Dukhtaran-e-Millat led by Asiya Andrabi. The petitioner has a report that states that "inspired by PM Modi’s Mann Ki Baat, a Jammu boy creates a handmade JCB-like machine to lift garbage"
