Source: Jammu & Kashmir High Court 

Why in News? 

Justice Javed Iqbal Wani held that the prosecution never sought cancellation of the petitioner’s bail despite having the explicit liberty to do so under the trial court's order. 

• The Jammu & Kashmir (J&K) High Court held this in the case of Manzoor Ahmad Wani v Union Territory of J&K (2025). 

What was the Background of Manzoor Ahmad Wani v Union Territory of J&K Case?   

• Manzoor Ahmad Wani filed a petition (through his brother) in the High Court of Jammu & Kashmir and Ladakh challenging his detention order under the Jammu and Kashmir Public Safety Act, 1978. 
• The detention order was issued on 1st February 2024, by the District Magistrate of Pulwama. 
• The petitioner was previously arrested and booked in FIR under multiple sections including Arms Act and Unlawful Activities (Prevention) Act, 1967 (UAPA) at Police Station Tral, Pulwama. 
• On 11th September 2023, a Designated Court under National Investigation Agency Act (NIA Act) dropped several serious charges against him, though some charges remained. 
• The petitioner was subsequently granted bail on 4th November 2023, with multiple conditions including requirements not to repeat offences, not leave the territorial jurisdiction without permission, and restrictions regarding mobile device usage. 
• The bail order specifically provided that any breach of conditions could result in cancellation of bail if reported to the court by investigating authorities. 
• According to authorities, after his release on bail, the petitioner allegedly resumed activities deemed prejudicial to state security, which prompted his detention under preventive detention laws. 
• The authorities claimed Wani was working as an Underground Worker (OGW) for a terrorist organization, providing logistics and shelter to terrorists. 
• The petitioner challenged the detention order on multiple grounds, including that authorities should have sought cancellation of bail rather than resorting to preventive detention. 
• The petitioner also argued that the grounds for detention were vague and ambiguous, lacking specific details of alleged activities, which prevented him from making an effective representation against his detention. 
• On 11th September 2023, the Trial Court dropped several serious charges against Manzoor Ahmad Wani, specifically offences under Sections 17, 18, 19, and 39 of the UAPA. 
• The court maintained the offence under Section 13 of the UAPA. 
• The writ petition was filed before the Jammu & Kashmir High Court. 

What were the Court’s Observations? 

• The J&K High Court made the following observations: 
  • The High Court observed that the prosecution never sought cancellation of the petitioner’s bail despite having the explicit liberty to do so under the lower court's order. 
  • The court noted that the authorities failed to explain why they chose preventive detention instead of seeking bail cancellation. 
  • The High Court found that the authorities took a "shortcut method" by using preventive law instead of ordinary law procedures. 
  • The court observed that proceedings under Section 107 Code of Criminal Procedure, 1973 (CrPC) (security for keeping the peace) were allegedly initiated, but detention records didn't show these proceedings were actually pursued. 
  • The High Court determined that the grounds for detention were "vague and cryptic," failing to provide specific details, dates, and particulars of the alleged activities. 
  • The court concluded that these vague grounds deprived Wani of his ability to make an effective representation against his detention, violating his constitutional rights. 
• The High Court ultimately quashed the detention order and directed authorities to release the petitioner unless he was required in any other case. 

What is Preventive Detention? 

• Preventive Detention means the detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.   
• The key laws relating to preventive detention are:  
  • Maintenance of Internal Security Act, 1971 (MISA)  
  • Foreign Exchange Conservation and Prevention of Smuggling Activities, 1974 (COFEPOSA)  
  • Terrorist and Disruptive Activities (Prevention) Act, 1985 (TADA)  
  • Prevention of Terrorist Activities Act, 2002 (POTA)  
  • Unlawful Activities (Prevention) Act, 2008 (UAPA)  

What is Article 22 of COI?  

• Article 22 of the COI provides for protection against arrest and detention in certain cases.  
• Article 22 of COI has two parts-   
  • The first part deals with ordinary law (Article 22 (1) and (2)). 
  • The second part deals with cases of preventive detention.