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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Yawar Majeed Laloo, S/o. Ab. Majid Laloo – Appellant
Versus
Union Territory of Jammu & Kashmir, Through Principal 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. 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
Preventive detention must be based on current and relevant facts; failure to consider a petitioner's representation and provide complete grounds renders the detention illegal.
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