JUDGMENT :

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. The petitioner – Vilayat Aziz Mir, purportedly 18 years of age, found himself landed in preventive detention custody by reference to an Order No. 02/DMP/PSA/25 dated 30.04.2025 passed by the respondent No.2 – District Magistrate, Pulwama under the Jammu & Kashmir Public Safety Act, 1978 from which state of custody the petitioner came forward, through his father – Ab. Aziz Mir, with the institution of the present writ petition on 04.06.2025 thereby seeking quashment of preventive detention imposed upon him.

05. As per Sr. Superintendent of Police (SSP), Pulwama, the alleged state of activities of the petitioner was found to be prejudicial to the security of State and, therefore, by virtue of a communication No. CS/PSA/25/25-28 dated 28.04.2025 a dossier came to be submitted to the respondent No. 2 – District Magistrate, Pulwama thereby seeking issuance of detention order under the Jammu & Kashmir Public Safety Act, 1978 upon the petitioner so as to keep him detained to prevent him from indulging in activities prejudicial to the security of State.

06. The respondent No. 2 – District Magistrate, Pulwama, on the basis of the dossier so fed, came to formulate the grounds of detention by reference to the fact that the petitioner was having contact with one Shakeel Ahmad @ Gazi R/o Pahalgam on social networking site Facebook where they came to share their contact numbers and indulging in WhatsApp chat. The petitioner is alleged to have carried out killing of owner of Krishna Dabha at Srinagar by involvement of his two friends who carried out the task on 17.02.2021 by opening fire on the owner of said Krishna Dabha leaving him injured to finally succumb to death resulting in registration of an FIR No. 11/2021 for alleged commission of offences under sections 302, 120-B IPC, 7/27 of Indian Arms Act and sections 13, 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967 by the Police Station Ram Munshi Bagh Srinagar.

07. The alleged commission of crime by the petitioner and his two accomplices in crime is said to have been done with the petitioner being still in age of minority and, as such, a juvenile who upon his arrested was lodged in the Juvenile Home Harwan, Srinagar later on to be released therefrom but again getting involved with anti-national and subversive activities in the capacity of OGW of killed terrorists Riyaz Ahmad Dar @ Khalid @ Sheeraz R/o Sathergund Kakapora and Rayees Ahmad Dar R/o Larve Pulwama.

08. The petitioner is said to have been subjected to proceedings under section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on 27.04.2025 but found to be still working as OGW and, thus, leaving no option except to subject him to preventive detention custody with passing of detention Order No. 02/DMP/PSA/25 dated 30.04.2025.

09. The petitioner came to be taken into custody when detention warrant came to be executed by SI Mohd. Yousuf, No. 16/PL, PID No.EXK-911597 of DPL, Pulwama who arrested the petitioner on 01.05.2025 and handed over the person of the petitioner to the Superintendent District Jail, Udhampur by carrying out all the procedural compliances mandated upon the executing officer – SI Mohd. Yousuf.

10. Notice of the detention order and entire material/relevant documents came to be handed over to the petitioner against a proper receipt by reading over and explaining to the petitioner in the local language which came to be understood by the petitioner fully. The petitioner also came to be apprised of his right to make a representation to the Government against the detention order if so desired. The petitioner came to execute a receipt with respect to delivery of the documents and explaining to him the contents of the grounds of detention.

11. By virtue of Govt. Order No. Home/