A petition has been filed in the High Court of Jammu and Kashmir and Ladakh seeking the release of Senior Advocate Nazir Ahmad Ronga, a former President of the High Court Bar Association, Srinagar, who was detained last month under the Jammu and Kashmir Public Safety Act, 1978 [Nazir Ahmad Ronga v. UT of J&K].
The habeas corpus petition, filed by Ronga’s wife Bilquees Ronga, claims that the allegations justifying his preventive detention are baseless, fabricated, and malicious. The plea argues that the detention order was issued out of vengeance and should be quashed on these grounds alone.
Filed by advocate B.A. Khan, the petition further contends that the authorities did not adhere to the legal requirements established by the Supreme Court in the D.K. Basu case during Ronga’s arrest. The petition also seeks ₹60 lakhs in compensation from the government, alleging that Ronga was illegally detained and tortured, resulting in a violation of his fundamental right to life and liberty.
The petition asserts that Ronga’s detention has severely damaged his hard-earned reputation and professional prospects, for which he should be compensated.
The High Court is expected to hear the matter on September 18, 2024.
Ronga was detained by the Jammu and Kashmir police at 1:10 AM on July 11, taken from his residence in Nishat, Srinagar. Initially held at the Nishat police station, he was later transferred to Kot Bhalwal Jail in Jammu. His family was not informed at the time that he was being detained under the Public Safety Act, a preventive detention law applicable to Jammu and Kashmir. The police team’s arrival and Ronga’s detention were captured on CCTV footage.
It was later revealed that a detention order under the Public Safety Act had been issued by the District Magistrate of Srinagar on July 10 to prevent Ronga from engaging in activities that could threaten state security.
Ronga, who has served multiple terms as President of the Jammu and Kashmir High Court Bar Association, Srinagar, was also detained under the Public Safety Act in 2023, just before the abrogation of Article 370, to prevent protests against the move.
The Jammu and Kashmir Public Safety Act is a preventive detention law that allows for up to six months of imprisonment without trial. It is similar to the National Security Act used by other state governments for preventive detention. Following the abrogation of Article 370, the constitutional validity of some provisions of the Public Safety Act was challenged before the Jammu and Kashmir High Court.
