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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Bashir Ahmad Wani – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1.Heard learned counsel for the petitioner as well as respondents.
2. Perused the pleadings and also the documents on record.
3. The petitioner, who has come to suffer preventive detention, has approached this Court with present petition for the purpose of seeking restoration of his lost personal liberty by getting his preventive detention quashed.
4. The institution of the present writ petition came to take place on 18.04.2024 with the petitioner acting through his brother-Farooq Ahmad Wani.
5. The respondent No.2-District Magistrate, Pulwama, by virtue of an order No. 19/DMP/PSA/24 dated 04.04.2024, ordered the preventive detention of the petitioner to be taken into custody and then confined to Central Jail Kotbhalwal, Jammu.
6. Pursuant to said detention order, the petitioner came to be taken into custody on 06.04.2024, by SI-Abdul Qayoom of DPL Awantipora, and handed over to the Assistant Superintendent, Central Jail Kotbhalwal, Jammu.
7. The detention of the petitioner is purported to be for a period of two years with effect from 06.04.2024 which period is soon coming to its expiry on its own unless and until the present writ petition comes to its adjudicat
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 when based solely on unculminated BNSS preventive proceedings absent final orders, criminal antecedents or specific facts, rendering grounds vague smokescreen v....
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