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. From his preventive detention custody in the Central Jail Kot Bhalwal, Jammu commencing upon his arrest on 02.05.2025, the petitioner – Shahnawaz Ahmad Bhat, purportedly acting through his father – Mohammad Shafi Bhat, came forward with institution of present writ petition on 14.05.2025 to challenge preventive detention Order No. DMB/PSA/08 of 2025 dated 28.04.2025 passed by the respondent No. 2 – District Magistrate, Budgam under section 8 of the J&K Public Safety Act, 1978.

05. The issuance of aforesaid detention Order No. DMB/PSA/08 of 2025 dated 28.04.2025 by the respondent No. 2 –District Magistrate, Budgam is resting on grounds of detention which came to be formulated so as to lead the respondent No. 2 – District Magistrate, Budgam to subjective satisfaction that the petitioner’s activities are prejudicial to the security of State which warrant his preventive detention custody for a period to be specified by the Government and to be lodged in the Central Jail Kot Bhalwal, Jammu.

06. The respondent No. 2 – District Magistrate, Budgam, in fact, had been approached by Sr. Superintendent of Police (SSP), Budgam with a dossier submitted along with letter No. PSA Cell Dossier/2025/567-70 dated 28.04.2025 thereby reporting the alleged state of activities of the petitioner which were reckoned and to be counted as prejudicial to the security of State if the petitioner remains in his state of personal liberty by force of guaranteed fundamental right under article 21 of the Constitution of India.

07. In his dossier, Sr. Superintendent of Police (SSP), Budgam related the petitioner to FIR No. 02/2019 with respect to an action carried out by Police Station Charar-i- Sharief to counter armed terrorists in their hideout at Haji Bagh Koker-Khal, Charar-i-Sharief which resulted in elimination of three terrorists, namely, Sabzar Ahmad Mir alias Marsad, Syed Rubani alias Abu Zarar & Tawseef Ahmad Wali alias Abu Huraira. The petitioner was one of two persons about whom the details came from the hand written phone numbers from a recovered booklet Hasn-ul- Muslim. The petitioner is alleged to have escorted the terrorists from Pulwama to Charar-i-Sharief on his scooty bearing No. JK01AG-7977.

08. The petitioner came to be one of accused persons subjected to trial and as an undertrial in custody came to be bailed out in 2021 whereafter the petitioner is alleged to have been still involved in activities posing a threat to the security of State for which the petitioner came to be documented thrice in 2023, 2024 & 2025 for proceedings under section 107 of Code of Criminal Procedure, 1973 and 126/170 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

09. The petitioner came to be taken into custody when SI Mushtaq Ahmed, No. 139/BD, EXK-891371 of Police Station Chadoora had arrested the petitioner and handed to him 13 leaves compilation by reading over the contents in English language and explaining to him in Urdu/Kashmiri and also apprising the petitioner about his right to make a representation to the Government as well as to the detaining authority against his detention.

10. The petitioner came to be handed over to Superintendent Central Jail, Kot Bhalwal, Jammu on 02.05.2025

11. By virtue of Govt. Order No. Home/PB-V/827 of 2025 dated 06.05.2025 the detention Order No. DMB/PSA/08 of 2025 dated 28.04.2025 came to be approved and the case forwarded for the opinion of the Advisory Board for further course of action.

12. The forwarding of detention case of the petitioner to the Advisory Board came to take place on file No. Home/PB- V/249/2025 dated 06.05.2025 resulting in tendering of an opinion report dated 22.05.2025 holding the petitioner’s detention to be based on justifiable grounds and also the representation of the