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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Sehran Bashir Nadaf – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. Heard learned counsel for both sides.
2. Perused the pleadings and also the detention record.
3. The petitioner-Sehran Bashir Nadaf, a 19 years young boy, acting through his mother-Nayeema Akther, petitioned this Court on 17.06.2025 with present writ of habeas corpus for seeking quashment of preventive detention order slapped upon him under the J&K Public Safety Act, 1978 with a purported end and objective to prevent him acting in a manner prejudicial to the security of State/UT of J&K.
4. The respondent No.2-District Magistrate, Anantnag was approached by the Senior Superintendent of Police (SSP), Anantnag with a dossier submitted through a letter No. CS/71/2025/7079-84 dated 13.05.2025 wherein a case was put up for seeking preventive detention custody of the petitioner on the alleged state of activities of the petitioner being reckoned by the District Police to be prejudicial to the security of the State.
5. The dossier so submitted by the Senior Superintendent of Police (SSP), Anantnag was eighteen pages compilation bearing purported recitals that the petitioner was a 12th Standard student who was preparing for NEET examination through Online mode when o
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....
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 when based solely on unculminated BNSS preventive proceedings absent final orders, criminal antecedents or specific facts, rendering grounds vague smokescreen v....
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
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