JUDGEMENT :

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 coming to be arrested on 01.05.2025 pursuant to preventive detention Order No. DMB/PSA/09 of 2025 dated 29.04.2025 issued by the respondent No. 2 – District Magistrate, Budgam under section 8 of the J&K Public Safety Act, 1978, the petitioner-Azad Ahmad Wani, acting through his father-Maqsood Ahmad Wani, came forward with present writ petition filed on 15.05.2025 thereby seeking his release from the preventive detention custody by quashment of aforesaid detention order.

05. The alleged state of activities of the petitioner found prejudicial to the security of State was first documented by the District Police on the basis whereof Sr. Superintendent of Police (SSP), Budgam, by virtue of a communication No. PSA Cell/Dossier/2025/545-48 dated 26.04.2025, submitted a dossier to the respondent No.2 – District Magistrate, Budgam on the basis whereof an issuance of an order for preventive detention of the petitioner was solicited.

06. In a six page dossier, Sr. Superintendent of Police (SSP), Budgam came to highlight the petitioner’s alleged state of activities on the basis whereof the petitioner’s personal liberty was purportedly proving to be prejudicial to the security of State. In this regard, an incident of January 21, 2019 related to an operation led by the Police Station Charar-i-Sharief in coordination with Security Forces is said to have busted a terrorist hiding after exchange of fire leading to recovery of illegal weapons. FIR No. 02/2019 with respect to said incident was registered by the Police Station Charar-i-Sharief.

07. In said operation, three terrorists are said to have been eliminated, namely, Sabzar Ahmad Mir alias Marsad, Syed Rubani alias Abu Zarar & Tawseef Ahmad Wali alias Abu Huraira. From the search of said eliminated terrorists mobile numbers were linked to Tanveer Ahmad Laway alias Fanna Filla & Shahnawaz Ahmad Bhat alias Naaz were found which led to the interrogation of said two persons leading to their admission of association with Al-Badr terrorist outfit from whom it came to be revealed that they were having their five supporters in terms of logistics and one of them being the petitioner herein. The movement of the terrorists is said to have been facilitated by facility of vehicles and other daily essentials.

08. The petitioner is said to have provided the terrorists with logistical support, concealing their presence and assisted in constructing a hideout. The petitioner came to be booked for offences under Ranbir Penal Code, Arms Act, 1959 and Unlawful Activities (Prevention) Act, 1967 but came to be released from custody in 2021 whereafter consistently the petitioner has been subjected to proceedings under section 107/151 of Code of Criminal Procedure, 1973 and section 126 & 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. In this regard the list of proceedings under the aforesaid provisions right from 2022-2025 came to be highlighted on the basis whereof security risk assessment of the petitioner led Sr. Superintendent of Police (SSP), Budgam to a conclusion that the petitioner needs to be detained under the J&K Public Safety Act, 1978.

09. On the basis of said dossier, the respondent No. 2 – District Magistrate, Budgam formulated the grounds of detention and then by a cumulative sense of the alleged state of activities came up with subjective purported satisfaction to pass preventive detention Order No. DMB/PSA/09 of 2025 dated 29.04.2025.

10. By virtue of a communication No. DMB/PSA/2025/09 dated 29.04.2025, the respondent No. 2 –District Magistrate, Budgam meant to communicate to the petitioner about the fact of passing of detention order against him and upon the petitioner’s detention his right to make a representation to the Government as well as to the Di