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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Mohd. Saleem – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. court reviewed pleadings and detention records. (Para 1 , 2) |
| 2. detention initiated via dossier alleging anti-national activities. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. detention assailed as concocted; justified by counter-affidavit. (Para 17 , 18 , 19 , 20 , 21) |
| 4. psa cannot short-circuit unresolved bnss section 126 proceedings. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. satisfaction must link to state security under psa section 8. (Para 29 , 30) |
| 6. detention quashed; liberty restored forthwith. (Para 31 , 32 , 33 , 34) |
ORDER :
RAHUL BHARTI, J.
1.Heard Mr. Sanchit Verma, learned counsel for the petitioner and Mr. Suneel Malhotra, learned Government Advocate for the respondents.
2.Perused the respective side pleadings and the documents accompanying therewith and also the detention record produced from the end of Mr. Suneel Malhotra, learned Government Advocate.
3.The petitioner, acting through his son, came to petition this Court on 07.10.2025 thereby seeking issuance of a writ of habeas corpus for quashment of preventive detention custody slapped upon him under Jammu and Kashmir Public Safety Act (PSA), 1978 by respondent No. 2-District M
Preventive detention under PSA invalid as short-circuiting of uncompleted BNSS Section 126 proceedings; subjective satisfaction must link to state security prejudicial activities, not criminal/anti-n....
Preventive detention under PSA invalid if short-circuiting unconcluded BNSS section 126 proceedings without final orders; subjective satisfaction must tie to State security, not mere criminal/anti-na....
The detainment of an individual under preventive detention must adhere to due process and legality, and any serious lacuna in the execution of the detention warrant can render the detainment illegal.
Preventive detention under PSA invalid when based solely on unculminated BNSS preventive proceedings absent final orders, criminal antecedents or specific facts, rendering grounds vague smokescreen v....
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely past criminal behavior.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
The distinction between law and order and public order is crucial in cases of preventive detention, and the impact on the community must be considered. The failure to respond to the petitioner's repr....
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