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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Ali Mohammad Rather S/o Ghulam Rasool Rather – Appellant
Versus
Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government – Respondent
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 st
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 adequate grounds and proper application of mind, failing which is deemed illegal.
Preventive detention under PSA invalid when based solely on unculminated BNSS preventive proceedings absent final orders, criminal antecedents or specific facts, rendering grounds vague smokescreen v....
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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