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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Tahir Abdullah Bhat S/o Mohd Abdullah Bhat – Appellant
Versus
Union Territory of Jammu and Kashmir through Principal Secretary to Govt. – 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 petitioner – Tahir Abdullah Bhat, acting through his mother – Mst. Mugli Begum, came up with present writ petition filed on 16.06.2025 whereby the petitioner is seeking his release from preventive detention custody which came to visit upon him in terms of an Order No. 11-DMK/PSA of 2025 dated 30.04.2025 passed by the respondent No. 2 – District Magistrate, Kupwara under the Jammu & Kashmir Public Safety Act, 1978.
04. Sr. Superintendent of Police (SSP), Handwara by his communication No. Pros/Dossier/2025/2362-66 dated 27.04.2025 forwarded a dossier with respect to alleged state of activities of the petitioner found to be prejudicial to the security of UT of Jammu & Kashmir and, thus, solicited the respondent No. 2 – District Magistrate, Kupwara to pass a detention order upon the petitioner.
05. The dossier came up with the mention of criminal cases involving the petitioner and in this regard FIR No. 328/2018 of Police Station Handwara, FIR No. 337/2018 of Police Station Handwara & FIR No. 243/2018 of Pol
The detainment of an individual under preventive detention must adhere to due process and legality, and any serious lacuna in the execution of the detention warrant can render the detainment illegal.
Preventive detention under PSA invalid as short-circuiting of uncompleted BNSS Section 126 proceedings; subjective satisfaction must link to state security prejudicial activities, not criminal/anti-n....
Preventive detention must be justified by adequate grounds and proper application of mind, failing which is deemed illegal.
Preventive detention under PSA invalid if short-circuiting unconcluded BNSS section 126 proceedings without final orders; subjective satisfaction must tie to State security, not mere criminal/anti-na....
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