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2026 Supreme(J&K) 123

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
RAHUL BHARTI, J.
Umer Rashid Dar - Petitioners 
Versus  
Union Territory of J&K and others - Respondents 
HCP No. 84 of 2025 
Decided On : 31-03-2026

Advocates Appeared:
For the Petitioner:Mr. G.N.Shaheen, Advocate with Mr. Asif Nabi, Advocate.
For the Respondent: Mr. Furkan Yaqoob Sofi, GA.

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 forwarded the dossier to the respondent No.2- District Magistrate, Pulwama seeking him to act and exercise his jurisdiction.

6.Acting on said dossier, the respondent No.2- District Magistrate, Pulwama formulated the purported grounds of detention to draw a subjective satisfaction there-from that the alleged reported activities of the petitioner were fit enough to subject him to suffer preventive detention custody so as to prevent him from acting in a manner prejudicial to the security of the State and for that purpose invoked the J&K Public Safety Act, 1978 to pass detention order No.13/DMP/PSA/25 dated 30.04.2025 thereby ordering the detention and confinement of the petitioner in District Jail, Udhampur for a period to be specified by the Government.

7.In the grounds of detention, the petitioner came to be referred as 9th Pass school dropout who came in contact with the terrorists under whose influence he agreed to carry out subversive activities in the area. The petitioner is referred to have been sharing prior information with the active terrorists before the CASOs of the adjoining area of Drabgam with the help of B.B.M (Black Berry Messenger) Mobile application enabling them to escape.

8.The petitioner is alleged to have been arrested in year 2020 at Drabgam- Shadimarg Road being in alleged possession of two Chinese grenades leading to registration of FIR No.29/2020 under Sections 7/75 I.A.Act and Section 23 ULA(P) Act by the Police Station, Rajpora but getting bailed out on 15.10.2020

9.The alleged implication of the petitioner in the aforesaid criminal case is said to have brought him under surveillance of the Police wherefrom it came to be found out that the petitioner has been secretly maintaining contacts with active terrorists for rendering them services for their sustenance in the area by providing logistic support to the local and foreign terrorists just to facilitate their movement from one place to another through unconventional passages and conceal their arms at remote destinations. The petitioner is alleged to have been providing shelter, food and information about the movement of the Security Forces in the area to the terrorists.

10. The alleged objectionable activities read and reckoned to be of serious nature are said to have brought the petitioner to preventive measures under Section 126/170 BNSS on 11.01.2025 by the Police Station, Rajpora but the petitioner is alleged to have been still working as ‘OGW’ carrying on with his alleged old state of activities thereby making him a case to suffer preventive detention.

11. The grounds of detention so texted is a clone of the dossier submitted by the respondent No.3- Senior Superintendent of Police (SSP), Pulwama.

12. Pursuant to the detention order so issued against the petitioner, he is said to have

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