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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Syed Amir Amin Bukhari S/o Mohammad Amin Bukhari – Appellant
Versus
Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government – Respondent
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 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 must be justified by relevant and timely grounds; reliance on stale FIRs is insufficient to curtail personal liberty.
Preventive detention must be justified by adequate grounds and proper application of mind, failing which is deemed 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 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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