JUDGMENT :

RAHUL BHARTI, J.

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

02. Perused the writ pleadings and the documents therewith.

03. Scanned the detention record thoroughly as produced from the end of the respondents.

04. The petitioner – Ali Mohammad Rather, acting through his daughter – Mst. Shafia, is seeking writ jurisdiction of this Court for issuance of a writ of habeas corpus for restoration of his personal liberty which came to be curtailed and contained in a confinement by an Order No. DMS/PSA/11/2025 dated 29.04.2025 passed by the respondent No. 2 – District Magistrate, Srinagar under the Jammu & Kashmir Public Safety Act, 1978 as a result whereof the petitioner is held in detention with effect from 02.05.2025 and firstly lodged in District Jail, Poonch and wherefrom he came to petition this Court but now in jail outside UT of J&K.

05. The state of circumstances which led the respondent No. 2 – District Magistrate, Srinagar to order the preventive detention of the petitioner is when Sr. Superintendent of Police (SSP), Srinagar by virtue of his letter No. LGL/Det/2025/14062-65 dated 28.04.2025 forwarded a dossier with respect to the alleged state of activities of the petitioner which were read and reckoned to be prejudicial to the maintenance of security of the State.

06. In his said dossier, Sr. Superintendent of Police (SSP), Srinagar came to introduce the petitioner as a resident of Mulfaq Hazratbal, Srinagar and an illiterate person who from his early age got deeply influenced by a radical ideology and coming in contact with active terrorists and OGWs of LeT thereby getting motivated to work for the outfit for providing logistic support. All sensitive information regarding movement of police and the security forces in the area are said to have been shared and reported by the petitioner for LeT banned outfit. The petitioner is alleged to be engaged in preaching, spreading and propagating terrorist ideology in the area and motivating youth for joining unlawful activities in the area.

07. By digging the past, the petitioner’s involvement in the year 2008 in a criminal case registered as FIR No. 39/2008 under section 307 RPC of Police Station Zakoora has been highlighted on the basis whereof the petitioner’s previous preventive detention order in terms of an Order No. DMS/PSA/12/2022 dated 07.04.2022 under the Jammu & Kashmir Public Safety Act, 1978 came to take place only to be quashed by the High Court of Jammu & Kashmir and Ladakh at Srinagar through the medium of WP(Crl) No.338/2022 dated 03.04.2022 as is stated in the dossier.

08. The petitioner is said to have relapsed in anti- national activities without mending his ways despite being given many chances with a hope that the petitioner would live a normal life but that was not meant to be so, as from the reliable resources and reports, the petitioner is said to be still engaged in sharing anti-national posts on social media through encrypted sites.

09. Dossier further states that the petitioner has been subjected on three occasions to proceedings under section 126 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on 15.06.2024, 11.05.2024 & 11.04.2024.

10. Drawing from said dossier, the respondent No. 2 – District Magistrate, Srinagar came to frame grounds of detention without deviating even by shade from the very text of the dossier to the extent of even repeating the previous detention order No. DMS/PSA/12/2022 dated 07.04.2022 and quashment of said order by the High Court of Jammu & Kashmir and Ladakh at Srinagar vide WP(Crl) No. 338/2022 dated 03.04.2022 meaning thereby the order of the High Court came first on 03.04.2022 and the detention order came to be passed later on 07.04.2022.

11. Two senior most officers, one of District Police and other one of District Magistrate, were not able to carry out a mindful reading of the text of the dossier as well as the grounds of detention to attend to this patent anomaly with respect to mentio