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The high court, while setting aside a detention order against a 22 year old muslim youth stated that the allegation of accused subscribing to fundamentalist ideology does not make him an extremist or separatist as Fundamentalist ideology is part and parcel of Abrahamic faiths
The Jammu and Kashmir and Ladakh High Court has quashed a detention order against a 22 year old muslim youth, Shahbaz Ahmad Palla, who was held under the Jammu and Kashmir Public Safety Act, 1978.
Court has held that someone who steadfastly pursues or follows the basics of an Abrahamic faith, is undoubtedly a fundamentalist but there is no negativity associated with it and it is distinct from an extremist or a separatist.
While setting aside the order of detention dated April 8, 2022, the bench of Justice Atul Sreesharan has pointed out that the allegations against Shahbaz do not necessarily make out a case of him having an extremist or separatist ideology.
"The usage of the phrase “fundamentalist ideology” by the District Magistrate, does not necessarily mean that the detenue possess an extremist or separatist ideology. The Oxford „Fundamentalist ideology‟ is part and parcel of the Abrahamic faith where the adherents have to necessarily believe in certain fundamentals of the religion to be accepted as the adherents of that religion," the bench stated.
The accused, Shahbaz, was alleged to be an active member of terrorist organisation TRF (The Resistance Front), helping the organisation in its subversive activities in and around district Pulwama. It was also alleged that the he was motivating youth to indulge in subversive activities in the area of Pulwama and was a a “hard core fundamentalist” who voluntarily agreed to work as Over Ground Worker (OGW) of the TRF, which is alleged to be an outfit of the erstwhile of Lashkar - e - Taiba (LeT).
The order further notes that a fundamentalist muslim is merely someone who believes in the fundamentals of Islam. "It cannot have a negative bearing on his personality. The same is as a fundamentalist Muslim cannot be equated with an extremist or a separatist. Therefore, the said ground also is vague and has been used lucidly without proper understanding," the single bench observed.
Another ground basis which the court quashed the detention order was that the accused Shahbaz, who was named in a separate FIR as another accused was nowhere linked to the allegations against the other accused and neither did the witnesses name him.
The counsel for the Union Territory vehemently opposed the plea seeking to quash the detention order. Rais-u-din Ganie, the Dy AG, pointed out the grounds made out by the District Magistrate supporting Shahbaz's detention. While the accused had said that the grounds for his detention were never communicated to him, the UT's counsel stated otherwise, adding that the execution report by the lower court was duly signed by the accused. As a result, the court set aside this ground.
Shahbaz was held at Kot Bhalwal Jail, Jammu since April 14, 2022, after he was detained upon execution of detention order dated April 8. Case Title: Shahbaz Ahmad Palla Vs. UT of JK & Ors.
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