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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Zaid Rafiq Rather S/o Mohammad Rafeeq Rather – Appellant
Versus
Union Territory of Jammu & Kashmir and Ladakh through Commissioner/Secretary Home, Civil Secretariat, Srinagar/Jammu – Respondent
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 a
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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