High Court Grants Compensation to Advocate for Unlawful Preventive Detention

The court directed the state to pay Rs. 5 lakh in compensation, although advocate had sought compensation Rs. 25 lakh.

The recent ruling by the Jammu & Kashmir and Ladakh High Court granting compensation of Rs-5 Lakh to an advocate Ali Mohammad Lone who suffered 1080 days of preventive custody sheds light on the issue of fundamental rights and misuse of authority. 

This is the first time the court has penalized the state for a Public Safety Act (PSA) detention. The advocate who faced four consecutive preventive detentions challenged the legality of his detention under Section 8 of the Jammu & Kashmir Public Safety Act, 1978.

The court recognized the mala fide nature of the detentions and emphasized the violation of the advocate's fundamental right to personal liberty .

The Court noted that Ali Mohammad  Lone had been made to suffer loss of his liberty for a period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024. As a result, the Court held that Lone should receive compensation of rupees 5 Lakhs From the respondents within a period of three months from the date of the judgment.

The ruling highlights the need for accountability and adherence to constitutional principles in matters of preventive detention.


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