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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Musaib Ahmad Khan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. Heard learned counsel for both sides.
2. The petitioner-Musaib Ahmad Khan came forward with the institution of present writ petition filed through his mother-Mubeena Begum thereby seeking indulgence of this Court to exercise writ jurisdiction under Article 226 of the Constitution of India for quashing the preventive detention imposed upon the petitioner under the J&K Public Safety Act, 1978 by dint of an order passed by the respondent No.2- District Magistrate, Srinagar.
3. The preventive detention of the petitioner came to be ordered by the respondent No.2- District Magistrate, Srinagar, by virtue of an order No. DMS/PSA/13/2025 dated 29.04.2025 in terms whereof the petitioner came to be ordered to be detained in order to prevent him from acting in any manner prejudicial to the maintenance of the security of the State. The respondent No.2- District Magistrate Srinagar exercised jurisdiction under section-8 of the J&K Public Safety Act, 1978 to pass the preventive detention order against the petitioner.
4. The purported cause of action for the course of action at the end of the respondent No.2- District Magistrate, Srinagar to order preventive detention of
Preventive detention should not be based on stale incidents and should not be used as a mode of punishment without trial.
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....
Preventive detention under PSA invalid as short-circuiting of uncompleted BNSS Section 126 proceedings; subjective satisfaction must link to state security prejudicial activities, not criminal/anti-n....
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