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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Umer Rashid Dar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. Heard learned counsel for the petitioner as well as for the respondents. Perused the respective side pleadings and the documents accompanied therewith. Also perused the detention record produced from the end of the respondents.
2.The petitioner-Umer Rashid Dar is seeking this Court to exercise writ jurisdiction under Article 226 of the Constitution of India to quash his preventive detention custody and restore him to his personal liberty otherwise lost because of his detention effected under the J&K Public Safety Act. 1978.
3.The institution of the writ petition came to take place on 06.05.2025 with the petitioner acting through his father- Ab Rashid Dar in maintaining the present writ petition.
4.The petitioner is 25 years of age against whom the respondent No.3- Senior Superintendent of Police (SSP), Pulwama prepared a dossier thereby documenting the alleged adverse activities of the petitioner found to be prejudicial to the security of the State warranting his preventive detention under the J&K Public Safety Act, 1978.
5.The respondent No.3-Senior Superintendent of Police (SSP), Pulwama, vide his letter No. CS/PSA/2025/6032 dated 28.04.2025, had forwarde
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.
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