HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI, J.
Zaid Rafiq Rather S/o Mohammad Rafeeq Rather - Appellant
Vs.
Union Territory of Jammu & Kashmir and Ladakh through Commissioner/Secretary Home, Civil Secretariat, Srinagar/Jammu - Respondent
HCP No. 313 of 2025
Decided On : 01-04-2026
JUDGMENT :
RAHUL BHARTI, J.
01. Heard learned counsel for both sides.
02. Perused the writ record and the documents therewith.
03. The petitioner – Zaid Rafiq Rather acting through his father – Mohd. Rafiq Rather came to petition this Court with institution of the present writ petition on 27.10.2025 through the medium of which he is intending to seek restoration of his personal liberty lost on account of his preventive detention custody ordered by the respondent No. 2 – District Magistrate, Srinagar under the Jammu & Kashmir Public Safety Act, 1978.
04. The case for preventive detention of the petitioner came to be processed and forwarded from the end of Sr. Superintendent of Police (SSP), Srinagar when by virtue of a letter No.LGL/Det/-PSA/2025/26538-41 dated 19.08.2025 the alleged state of activities relatable to the petitioner reckoned by the District Police, Srinagar being prejudicial to the security of the State and, thus, seeking his preventive detention under the Jammu & Kashmir Public Safety Act, 1978.
05. In his five-page dossier, the Sr. Superintendent of Police (SSP), Srinagar came to address the petitioner as a 12th class pass out from Muslim Educational Institute Parimpora and pursuing his B. Com. in Islamia College, Srinagar. The petitioner is referred to be deeply influenced by radical ideology coming in contact with active terrorists and OGW’s who motivated him to work with them as OGW of LeT/TRF outfit for providing logistic, financial and operational support etc to the terrorists of LeT/TRF, on the basis of which motivation the petitioner started to provide all logistic support and shelter to many terrorists and also sharing all sensitive information regarding movement of police and security forces in the area of Qamarwari and its adjacent area, thus, becoming a staunch OGW of Zaffron Colony, Ichanambal area Srinagar and its adjacent areas.
06. The dossier further refers to FIR No. 127/2022 under sections 13/18/20/38 & 39 Unlawful Activities (Prevention) Act and section 7/25 IA Act registered by the Police Station Parimpora in which the petitioner is said to have been arrested for alleged commission of offence relatable to an incident of 28.05.2022 related to uploading posts on social media and doing propaganda to threaten minority and non-local employees, mostly Kashmiri Pandits, police personnels and others.
07. A dossier refers to the names of Basit Ahmad Dar, Mohd. Lateef Rather, Moomin Gulzar, Saqib Ahmad and Adil Ahmad Parray being the conspirators in organizing the alleged activities booked under FIR No. 127/2022. The dossier refers that the petitioner stands bailed out in said FIR whereupon he has been counseled to restrain himself from such activities but to of no avail. Beat-book reports of 23.06.2025, 08.07.2025 & 25.07.2025 are said to have diarized and documented the petitioner’s involvement in anti- national activities in discreet manner on the basis of which the District Police was led to reckon that if the petitioner is given liberty to move freely he may indulge in unlawful/anti- national activities and that the normal law is inadequate against the petitioner to deter him from unlawful/anti- national activities and, therefore, warrant his detention under the J&K Public Safety Act, 1978.
08. In the final part of dossier issuance of detention warrant under the J&K Public Safety Act, 1978 has been solicited to prevent her from acting in any manner prejudicial to the security of the State.
09. The very fact that the dossier is referable to the petitioner who is a man but being addressed by reference to pronoun “her” is a pointer to the fact that writing of the dossier hardly underwent any correction or final reading at the end of the Sr. Superintendent of Police (SSP), District Srinagar.
10. Literally read then, the preventive detention of a woman has been solicited by the Sr. Superintendent of Police (SSP), District Srinagar from the respondent No. 2 – District Magistrate, Srinagar.
11. Acting upon said dos
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
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