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. Upon filing of this writ petition on 04.06.2025 through his wife – Sumaira Nazir, the petitioner – Yawar Majeed Laloo, resident of Frisal, district Kulgam, came to ask for restoration of his personal liberty lost in view of his preventive detention custody effected in terms of preventive detention Order No. 06/DMK/PSA/2025 dated 07.05.2025 passed by the respondent No. 2 – District Magistrate, Kulgam under the Jammu & Kashmir Public Safety Act, 1978.

05. It is the respondent No. 3 – Sr. Superintendent of Police (SSP), Kulgam who had reckoned the petitioner to be a person to suffer curtailment of his personal liberty in order to prevent him from acting in a manner prejudicial to the security of the State and therefore, submitted a dossier accompanying communication No. Dpok/Psa-Cell/PSA- 2025/1465-68 dated 01.05.2025 to the respondent No. 2 –District Magistrate, Kulgam.

06. In his dossier, the respondent No. 3 – Sr. Superintendent of Police (SSP), Kulgam came to highlight the petitioner’s alleged state of activities as well as criminal involvement. In this regard, a criminal case relatable to FIR No. 49/2018 under sections 307, 120-B RPC, 7/27 I.A. Act, 13(2), 16, 18, 19, 20, 38 & 39 Unlawful Activities (Prevention) Act, 1967 of the Police Station Yaripora; FIR No. 98/2020 under section 13 Unlawful Activities (Prevention) Act, 1967 read with section 506 RPC of Police Station Yaripora and lastly preventive security proceedings under sections 107/151 of the Code of Criminal Procedure, 1973 and section 126 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on 23.04.2024, 14.05.2024, 11.05.2024 & 21.07.2024.

07. In reference to a criminal case related to FIR No. 49/2018, the petitioner is said to be on bail whereas with respect to FIR No. 92/2020, said criminal case is said to have been closed on 26.06.2023 against one of the deceased accused and before that the petitioner being on bail with effect from 17.05.2021

08. Acting upon said dossier, the respondent No. 2 – District Magistrate, Kulgam made a replica reproduction of the dossier by referring it as grounds of detention for purportedly drawing a subjective satisfaction therefrom that the petitioner deserves to suffer preventive detention order which, accordingly, came to be passed and the petitioner ordered to be detained and kept in the District Jail, Udhampur.

09. The petitioner came to be taken into custody on 08.05.2025 when ASI Mohd. Muzaffar, PID No. ARP-873209 of the Police Station Chanpora arrested the petitioner and handed over him to the Superintendent, District Jail, Udhampur.

10. The detention warrant executing officer – ASI Mohd. Muzaffar is said to have handed over all the documents being notice of the order and the entire material/relevant documents to the petitioner and reading and explaining to him in Urdu/Kashmiri language making the petitioner to fully understand the same and also apprising simultaneously about the right of the petitioner to make a representation to the Government against the detention order.

11. Co-inciding with the arrest of the petitioner and the execution report being documented, delivery of grounds of detention also came to be acknowledged from the petitioner against his written receipt in which also the petitioner refers to the fact that he was informed that he could make a representation to the Government against the detention order if he so advised.

12. At the time of passing of the detention order, the respondent No. 2 - District Magistrate, Kulgam by virtue of a communication No. DMK/JC/2025-26/124 dated 07.05.2025 addressed to the petitioner who was to suffer detention, apprised him about passing of a detention order against him and upon the arrest his right to make a representation to the District Magistrat