JUDGEMENT :

RAHUL BHARTI, J.

01. Heard Mr. Z. A. Qureshi, learned Sr. Advocate assisted by Ms. Rehana Fayaz, Advocate for the petitioner and also Mr. Bikramdeep Singh, learned Dy. AG for the respondents.

02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.

03. The petitioner – Syed Amir Amin Bukhari, acting through his sister – Syed Ulfat Ameen Bukhari, has come to petition this Court thereby seeking jurisdiction of this Court under article 226 of the Constitution of India for issuance of a writ of habeas corpus to get his personal liberty restored by quashment of a detention order which has landed the petitioner in preventive detention custody under the Jammu & Kashmir Public Safety Act, 1978.

04. The institution of the writ petition is of 14.08.2025

05. The respondent No. 2 – District Magistrate, Shopian by virtue of an order No. 04/DMS/PSA of 2025 dated 28.04.2025 came to declare the petitioner being indulgent in state of activities prejudicial to security of the State (UT) and in order to prevent him from so acting further directed the petitioner’s preventive detention and his confinement in the Central Jail Kot Bhalwal, Jammu.

06. The petitioner came to be taken into detention custody on 02.05.2025 when detention warrant was executed by the Inspector Showkat Ahmad, No. EXK-022645 of DPL, Shopian who handed over the person of the petitioner to the Superintendent, Central Jail Kot Bhalwal, Jammu and at that point of time purportedly delivering all the relevant documents to the petitioner against proper receipt by reading over the contents of the detention warrant and the grounds of detention being part of 26 leaves compilation.

07. The notice of detention to the petitioner from the end of the respondent No. 2 – District Magistrate, Shopian is No. DMS/PSA/2025/85-86 dated 28.04.2025 in terms whereof the petitioner was meant to be apprised that he has a right of representation against his detention to be made to the District Magistrate, Shopian as well as to the Government.

08. By virtue of Govt. Order No. Home/PB-V/760 of 2025 dated 05.05.2025, an approval to the detention order passed by the respondent No. 2 – District Magistrate, Shopian came to be granted and case forwarded to the Advisory Board for its opinion.

09. Acting through his said sister, the petitioner came to submit a written representation against his detention to the Home Department, UT of Jammu & Kashmir which came to be purportedly considered and rejected by the Government by virtue of a communication No. Home/PB-V/178/2025/ 7644201 dated 31.07.2025 and the petitioner came to be apprised of rejection of his representation by a copy of communication from the Superintendent Central Jail Kot Bhalwal, Jammu by virtue of a communication No.MS/CJJKB-4721-22 dated 05.08.2025

10. A case for seeking preventive detention of the petitioner under the Jammu & Kashmir Public Safety Act, 1978 was processed and put forth from and at the end of Sr. Superintendent of Police (SSP), Shopian who, by virtue of his communication No.PSA-Cell/SPN/19484 dated 27.04.2025 submitted a dossier wherein the petitioner’s alleged state of activities were brought into reference to support the plea for subjecting the petitioner to preventive detention custody by an order to said effect to be passed by the respondent No. 2 –District Magistrate, Shopian.

11. The detention so imposed by the petitioner in terms of detention order No. 04/DMS/PSA of 2025 dated 28.04.2025 is second time detention as the petitioner earlier was also subjected to preventive detention custody by virtue of an Order No. 35/DMS/PSA/2019 dated 10.08.2019 passed under the Jammu & Kashmir Public Safety Act, 1978 by the respondent No. 2 – District Magistrate, Shopian in order to prevent the petitioner from acting in a manner prejudicial to security of the State/Country.

12. At the relevant point of time when the petitioner was so subjected to first time preventive detention, the antece