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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Junaid Ahmad Sheikh, S/o. Gh. Mohd – Appellant
Versus
Union Territory of Jammu and Kashmir, through Commissioner/Secretary to Government, Home Department – Respondent
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 fo
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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