JUDGMENT :

1. Heard learned counsel for the parties and perused the writ pleadings and the record therewith.

2. This is a writ petition under Article 226 of the Constitution of India filed by the petitioner acting through his brother whereby the petitioner is seeking a writ of Habeas Corpus for earning his release from his preventive detention custody which he alleges to be illegal and unwarranted amounting to violation of his fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India.

3. The petitioner came to be ordered to suffer preventive detention by the respondent No. 2-District Magistrate, Kishtwar by virtue of an Order No. 4th/DM/K/PSA of 2023 dated 08.06.2023 passed under Section 8(2) of the Jammu and Kashmir Public Safety Act, 1978 by reckoning the petitioner’s alleged reported activities to be harmful/prejudicial to the maintenance of public order and upon his detention to be lodged in District Jail, Kishtwar.

4. In seeking a preventive detention order against the petitioner, the respondent No. 2-District Magistrate, Kishtwar was approached by the Senior Superintendent of Police (SSP), Kishtwar with a dossier forwarded vide letter No. CS/P