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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Azad Ahmad Wani W/o Maqsood Ahmad Wani – Appellant
Versus
UT of J&K through Commissioner/Secretary to Government – Respondent
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 dossi
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
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