HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI, J.
Junaid Ahmad Sheikh, S/o. Gh. Mohd - Petitioner
Versus
Union Territory of Jammu and Kashmir, through Commissioner/Secretary to Government, Home Department - Respondents
HCP No. 140 of 2025
Decided On : 31-03-2026
JUDGMENT :
RAHUL BHARTI, J.
01. Heard learned counsel for both sides.
02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.
03. The detention record produced also scanned thoroughly.
04. The petitioner-Junaid Ahmad Sheikh, who is said to be a 17 years old at the time of institution of this writ petition on 26.05.2025, filed through his mother – Shafeeqa Akhter, has come forward pleading quashment of preventive detention imposed upon him under the Jammu & Kashmir Public Safety Act, 1978 by virtue of an order No. 06/DMS/PSA of 2025 dated 01.05.2025 passed by the respondent No. 2 – District Magistrate, Shopian in terms whereof the petitioner was order to be detained in order to prevent him from acting in a manner prejudicial to security of the State.
05. It is the Sr. Superintendent of Police (SSP), Shopian who had reckoned the alleged state of activities of the petitioner to be falling within the scope of mischief to be curbed under the Jammu & Kashmir Public Safety Act, 1978 and, therefore, by virtue of a dossier No. PSA- Cell/SPN/19967-69 dated 29.04.2026 submitted the case before the respondent No. 2 – District Magistrate, Shopian for ordering the preventive detention of the petitioner which came to be so ordered in response by virtue of the aforementioned detention order passed on the basis of purported grounds of detention.
06. The stated backdrop in which the petitioner was reckoned to be a case for being subjected under the Jammu & Kashmir Public Safety Act, 1978 is that the petitioner having got his initial schooling in Shimla upto 6th class had then joined Public High School Chitragam, district Shopian upto 7th class. The petitioner is said to be son of a surrendered militant but residing with his maternal uncle at Chitragam, district Shopian and right from his school days got influenced by harmful narratives to undergo radicalization and adopting extremist ideology and, therefore, acting as an information provider about the movements of the security forces which resulted in failure of many cordons and search operations of the terrorists who later on were found to be involved in killing of innocent people and many attacks on security forces.
07. The petitioner is said to have been one of co- conspirators by reference to FIR No. 47/2018 registered by the Police Station Zainpora for alleged commission of offences under sections 13, 16, 38 Unlawful Activities (Prevention) Act, 1967 in which the petitioner being a juvenile was detained on 12.02.2019 at Juvenile Home, Srinagar to be later on released by Juvenile Justice Board, Shopian before which the case stands challaned on 24.11.2023
08. The petitioner upon attaining age of majority is said to be still active in spreading the agenda of LeT/HM outfits and motivating the youth towards joining militancy on the directions of terrorist handlers which constrained proceedings under sections 126/170 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by the Executive Magistrate, Zainpora but despite that the petitioner is said to have not checked himself from acting in a prejudicial manner with respect to the security of the State.
09. The petitioner came to be arrested pursuant to the detention warrant which came to be executed by Inspector Showkat Ahmed, No. EXK-022645 of DPL, Shopian who took the petitioner into custody on 06.05.2025 and handed over him to the Superintendent District Jail, Jammu by first delivering to the petitioner notice of the order and the grounds of detention and taking a receipt for the said compliance from the petitioner. The petitioner is said to have acknowledged the receipt of copy of notice, order of detention and grounds of detention alongwith dossier consisting of total 24 leaves and also acknowledging of the fact that he was apprised of his right to make a representation to the Government as well as to the detention order making authority.
10. It is from his said state of custody that the petitioner has come
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 if short-circuiting unconcluded BNSS section 126 proceedings without final orders; subjective satisfaction must tie to State security, not mere criminal/anti-na....
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