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-national ones.

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 Magistrate, Kathua.

4.The petitioner came to be taken into preventive detention custody on 21.03.2025

5.The Senior Superintendent of Police (SSP), Kathua, by virtue of a letter No. Prose/25/12226-29/DPOK dated 28.02.2025, had submitted a dossier to the respondent No. 2-District Magistrate, Kathua thereby reporting the purported state of activities of the petitioner which were reckoned by the District Police to be prejudicial to the security of the State, particularly, in the District Kathua which warranted preventive detention of the petitioner in order to prevent him from carrying forward his alleged state of activities.

6.In said dossier, the Senior Superintendent of Police (SSP), Kathua referred to the petitioner being a person involved in anti- social/anti-national activities having links with anti-national activities and agencies rendering him a great sympathizer of banned terrorist organizations to the extent of providing all possible help like transportation, internet, food and shelter and in the process becoming an over ground worker of unnamed terrorist organization.

7.Insofar as, actual adverse antecedents of the petitioner are concerned, the dossier refers to proceedings undertaken against the petitioner under section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on three occasions being reproduced as under:

8.In addition, the Daily Dairy Report (DDR) of 31.12.2024 and 10.01.2025 of the Police Station, Malhar formulated the basis for the Senior Superintendent of Police (SSP), Kathua to reckon the petitioner amenable to suffer preventive detention custody under Jammu and Kashmir Public Safety Act (PSA), 1978.

9.In addition, the Senior Superintendent of Police (SSP), Kathua has also made a purported reference to statements of four persons who are said to have come forward before the SHO Police Station, Malhar to serve a statement all recorded on 01.02.2025 thereby impressing upon the District Police to frame a dossier against the petitioner.

10.Acting upon said dossier, the respondent No. 2-District Magistrate, Kathua purportedly drew subjective satisfaction by formulating grounds of detention on the basis whereof felt persuaded to order preventive detention of the petitioner which resulted in passing of the detention order No. PSA/148 dated 13.03.2025 thereby holding that the petitioner’s remaining at large involves a greater risk to the security of the State rendering it necessary to detain him on the basis of grounds in support