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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHD YOUSUF WANI
Mohd. Saleem alias Baju (wrongly written as Bachu) – Appellant
Versus
Union Territory of Jammu and Kashmir through its Principal Secretary, Home Department – Respondent
JUDGMENT :
MOHD YOUSUF WANI, J.
1. Impugned in the instant petition, filed under the provisions of Article 226 of the Constitution of India by the petitioner through his father is an order of detention bearing No. 08-PSA-2025 dated: 11.07.2025 passed by the respondent No. 2 (hereinafter referred to as the ‘Detaining Authority’ for short), while invoking his powers under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the ‘Act’ for short), whereby the petitioner has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and lodged in the Central Jail Kot Bhalwal, Jammu. The petitioner-detenue has assailed the impugned detention order on the grounds, inter alia, that he is a citizen of India and a domicile of UT of Jammu and Kashmir, as such, within his rights to seek the enforcement of his constitutional as well as other legal/statutory rights; that he is of the age of 28 years and a permanent resident of village Baishty, Teshil Chenani District, Udhampur, who has been falsely branded as a habitual bovine smuggler for managing his prevention detention; that the impugne
The main legal point established in the judgment is that activities must have the potential to disturb public order by affecting the community or public at large to be considered prejudicial to publi....
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