JUDGMENT :

01. Heard learned counsel for the petitioner as well as for the respondents.

02. Perused the writ pleadings as well as the counter affidavit along with the documents on record.

03. The petitioner came to suffer loss of his personal liberty when the respondent No. 2 – District Magistrate, Kupwara, by virtue of an Order No. 14-DMK/PSA of 2025 dated 30.04.2025, came to direct the petitioner’s preventive detention under section 8(1)(a)(i) read with clause (ii) of sub- section (2) of section 8 of the Jammu & Kashmir Public Safety Act, 1978 in order to prevent the petitioner from acting in a manner prejudicial to the security of UT of Jammu & Kashmir and directed his confinement to be in the Central Jail Kotbhalwal, Jammu.

04. The occasion for the respondent No. 2 – District Magistrate, Kupwara to come up with issuance of said detention order came into play when Sr. Superintendent of Police (SSP), Kupwara addressed a communication No. PSA- Cell/DOS/02/2025/21607-10 dated 26.04.2025 to the respondent No. 2 – District Magistrate, Kupwara accompanied with a dossier in which the alleged state of activities of the petitioner in his state of personal liberty were reckoned to be prejudicial to the security of UT of Jammu & Kashmir by the District Police, Kupwara.

05. In the dossier, Sr. Superintendent of Police (SSP), Kupwara came referring to the petitioner as 48 years old person with B. Sc. qualification working as a private teacher in AI-Noor English Medium Public School, Lalpora and before that the petitioner appointed as Forester in the Forest Department in the year 2010 wherefrom he came to be terminated in the year 2016 on account of alleged misconduct as a Government servant in intentionally and willfully generating and spreading disaffection amongst the youth towards the Government of India and political establishment while remaining in constant touch with the militant outfits operating in the valley especially in District, Kupwara.

06. The petitioner was mentioned to be a chronic disruptor of peace and tranquility by creating mayhem and chaos amongst the people stroking anti-national and anti- establishment activities by creating intimidation in public, shopkeepers and transporters so as to make them to observe hartals and complete shutdown. The petitioner was alleged to be found instigating and provoking the youth of Lalpora, Lolab and adjoining areas.

07. The petitioner’s position as Chairman of Auqaf Markazi Jamia Masjid, Lalpora since 2016 also found mention in the dossier and lately holding the position of Chairman of Ali Public School, Wavoora.

08. The petitioner’s criminal antecedents by reference to FIR No. 09/2016 & FIR No. 76/2016, both of Police Station Lalpora, came to be highlighted by reference to which the petitioner is stated to be undergoing trial while being on bail. The last precipitating incident referred in the dossier is proceedings under section 127/170 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 initiated on 25.04.2025 before the Executive Magistrate without bearing any further essential detail.

09. Taking cognizance of said dossier, the respondent No. 2 - District Magistrate, Kupwara came to reproduce the dossier in the name of grounds of detention literally transporting each and every word of the dossier into the grounds of detention and on that basis the respondent No. 2 - District Magistrate, Kupwara came up with a subjective satisfaction that the petitioner had rendered himself liable to suffer preventive detention so as to prevent him from acting in a manner prejudicial to the security of UT of Jammu & Kashmir and on that basis the detention Order No. 14-DMK/PSA of 2025 dated 30.04.2025 came to be passed.

10. The petitioner came to be taken into preventive detention custody on 05.05.2025 when detention warrant came to be executed by SI Farooq Ahmed, No. 104/H, EXK- 871406 of DPL, Kupwara who took the petitioner into custody and handed over him to the Superintendent Central Jail Kotbhalwal, Ja