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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Vilayat Aziz Mir S/o Ab. Aziz Mir – Appellant
Versus
UT of J&K through Principal Secretary, Home Department, J&K Govt., Civil Secretariat, Srinagar/Jammu – Respondent
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 kee
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 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....
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....
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