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2026 Supreme(J&K) 247

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHD.YOUSUF WANI, J.
Mohd Shakoor, S/o Fateh Mohd - Petitioner
Versus 
UT of Jammu and Kashmir through Principal Secretary Home Department – Respondent 
HCP No. 89 of 25
Decided On : 12-03-2026

Advocates Appeared:
For the Petitioner: Mr. Waheed Chourdhary, adv.
For the Respondent: Mr. Deewaker Shamra, Dy AG

 JUDGMENT :

MOHD.YOUSUF WANI, J.

1. Impugned in the instant petition, filed under the provisions of Article 226 of the Constitution of India, by the petitioner through his father, is the order of Detention bearing No. DMR/PSA/07 of 2025 dated 22.05.2025 passed by the respondent No.2 i.e. District Magistrate, Rajouri (hereinafter referred to as the "detaining authority", for short), while invoking his powers under Section 8(1) (a) (i) of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the "Act", for short), whereby the petitioner/detenu has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and lodged in Central Jail, Kot Bhalwal, Jammu.

2. The petitioner has sought the issuance of the writs of certiorari and mandamus for quashment of the impugned detention order and his immediate release from the alleged unlawful detention.

3. The petitioner has assailed the impugned detention order on the grounds inter alia that he is a citizen of India and a domicile of UT of Jammu and Kashmir residing at Village Saroola Tehsil Manjakote District Rajouri; that he was actually called by the police station Manjakote on 14.05.2025 and was detained in the police station without disclosing any reason for his detention; that he was subsequently shifted to Central Jail Kot Balwal Jammu on 17.05.2025 thereafter his father approached the respondents who provided him a photocopy of the impugned order on 22.05.2025; that he was not provided documents of the detention order in entirety thus disabling him to make an effective representation in respect of his illegal detention well in time; that the impugned detention order has been based on his alleged involvement in five case FIR’s bearing No’s 18/2006, under section 498A 34 RPC FIR no. 86/2008 under sections 498A, 313 RPC FIR No. 64/2015 under sections 354, 323 RPC FIR NO. 67/2023 under sections 188 IPC, 11 PCA Act and FIR NO. 349/2023 under Sections 188 IPC, 11 PCA Act all of PS Manjakote in which the first three mentioned case FIR No’s pertained to the matrimonial dispute with his wife and all the three Cases pertaining to the said FIR’s stand already amicably compounded before the Court during Lok Adalat; that the Forth FIR bearing NO. 67/2023 stands also already disposed of leaving behind only FIR NO. 349/2023 of PS Manjakote which is presently pending trial and in which he has been already released on bail; that besides the aforementioned FIR no’s the ld. Detaining Authority has also made reference to a Daily Dairy Report No. 13 of 09.04.2025 as well as to a confidential report of I/C DSB Rajouri dated 16.05.2025 which reports are totally baseless and without being any verification; that the ld. Detaining Authority without application of its mind has proceeded to pass the impugned detention order without being mindful of his Fundamental Right to liberty which stands curtailed; that the representation made by him to the Govt on 05.06.2025 was not considered with the reasonable promptitude and same came to be rejected through a non-reasoned order passed after 25 days while giving the reference of the opinion of the Advisory Board; that there is no live-link or proximity between the last alleged occurrence covered under FIR No. 349/2023 and the need for passing of the impugned detention order; that the Daily Dairy Report or any confidential report without any sort of verification cannot be made the basis of a detention order having the effect of jeopardizing the Fundamental Right of Liberty of an individual; that the FIR’s that stood registered against him by the PS Manjakote even if supposed to be true for arguments sake reflect the breach of law and order and not the public order; that the ld. Detaining Authority apparently appears to have misused the provisions of the Act to manage his detention on false and frivolous allegations and that the ld. Detaining Authority has observed the mandatory provisi

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