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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Inayat Javeed Ganaie – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. The petitioner-Inayat Javeed Ganaie, acting through his father-Javeed Ahmad Ganaie, is seeking issuance of a writ of habeas corpus by this Court for restoring the petitioner to his personal liberty by setting aside the preventive detention custody operating upon him under the J&K Public Safety Act, 1978.
2. The institution of present writ petition came to take place on 20.02.2025.
3. The Senior Superintendent of Police (SSP), Pulwama, by virtue of his letter No.CS/PSA/DPO/24/29-32 dated 04.09.2024, submitted a dossier to the respondent No.2- District Magistrate, Pulwama thereby seeking preventive detention of the petitioner, in order to deter him from indulging in the activities i.e., disturbing public peace and anti-social activities, to be in the interest of the security of the UT of J&K.
4. The Senior Superintendent of Police (SSP) Pulwama in his one and a half page dossier came to refer the petitioner’s involvement in three FIRs namely; (i) FIR No. 117/2022 under sections 379 and 201 IPC of Police Station Pulwama; (ii) FIR No. 202/2022 under sections 341, 323, 34 IPC of Police Station Pulwama and (iii) FIR No. 02/2023 under sections 8/20 NDPS Act also
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely past criminal behavior.
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....
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