JUDGMENT :

RAHUL BHARTI, J.

1. Heard learned counsel for the petitioner as well as for the respondents.

2. Perused the writ pleadings and the documents therewith from both ends. Also perused the detention record produced for inspection of this Court.

3. The petitioner Showkat Ahmad Dar, a 29 years’ aged young man acting through is wife Mst. Sabreena Jan age 27 years came forward with the present petition filed on 13.05.2025, thereby seeking issuance of a writ of habeas corpus for restoration of his personal liberty with quashment of a preventive detention order passed against him by the respondent No.2- District Magistrate Srinagar, under Jammu and Kashmir Public Safety Act, 1978.

4. By virtue of order No.DMS/PSA/06-2025 dated 26.04.2025, the respondent No.2-District Magistrate, Srinagar, held the petitioner liable for suffering preventive detention in order to prevent him from acting in manner prejudicial to maintenance of Security of the State.

5. The respondent No.2- District Magistrate, Srinagar was approached by the respondent No.3- Senior Superintendent of Police (SSP), Srinagar, with a dossier submitted through vide letter No.Lgl/Det/2025/12129- 32 dated 09.04.2025, wherein materially is said to have been submitted with respect to the petitioner thereby reporting the alleged objectionable state of activities on the part of the petitioner reckoned by District Police to be prejudicial to the maintenance of Security of the State.

6. The respondent No.3- Senior Superintendent of Police (SSP), Srinagar, in his dossier referred the petitioner working as salesmen at a Dry Fruit Shop of one Riyaz Ahmad Rather at Nishat Srinagar, and thereafter working as courier boy with Ecom express at 90 feet road Soura Srinagar. The petitioner was impliedly linked with radical social media handle on Facebook glamorizing terrorism and luring young minds towards anti-national activities with suspicion led to an action on the part of Police Station JIC CIK, Humhama on 17.03.2025, with apprehension of the suspect along with his device which revealed a Facebook account, “Shaddy Kashmir Dry Fruits” along with incriminating material on the basis whereof the petitioner was detained apprehending that he would indulge in unlawful activities by uploading further material having direct threats to Security of UT of Jammu and Kashmir. This development is said to have resulted in initiation of proceedings under section 126/170 of Bharatiya Nagarik Suraksha Sanhita BNSS, as is written in the dossier without full form of BNSS being mentioned therein as to what its stands for.

7. The petitioner’s criminal bent of indulgence was referred to by his alleged involvement in FIR No. 39/2019 registered by Police Station Harwan and FIR No. 126/2023 registered by the Police Station Nishat, Srinagar but by reference to both of which, the petitioner is said to have been granted bail.

8. In the dossier, the petitioner’s state of personal liberty was reckoned to be risky for public peace and order but detention was sought to prevent him from acting in any manner prejudicial to the security of State.

9. By making a verbatim reproduction of the dossier the respondent No.2- District Magistrate, Srinagar rechristened the reproduction of dossier as grounds of detention for deriving purported subjective satisfaction therefrom that curtailment of the petitioner’s personal liberty is imperative as the normal law has not been found sufficient to stop the petitioner from indulging in activities highly prejudicial to security of State so as to prevent the society from violence, strikes, economic adversity and social indiscipline.

10. Pursuant to the said detention order No.DMS/PSA/6/25 dated 26.04.2025, the petitioner was arrested and taken into custody by S.I Farooq Ahmad of Police Station Nishat, on 29.04.2025 and handed over the person of the petitioner to the Superintendent of District Jail, Udhampur.

11. At the time of effecting the arrest and detention of the petitioner, he is said to hav