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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Ehtsham ul Haq Dar S/o Syeed Hussain Dar – Appellant
Versus
Union Territory of J&K through Principal Secretary – Respondent
JUDGMENT
1. Heard learned counsel for the petitioner as well as for the respondents.
2. Perused the pleadings and also the detention record produced.
3. The petitioner-Ehtsham ul Haq Dar, through his father-Syeed Hussain Dar filed this writ petition on 21.05.2025 bearing a prayer for issuance of a writ of habeas corpus to quash the preventive detention order issued by the respondent No. 2-District Magistrate, Bandipora whereby the petitioner came to be detained under the Jammu & Kashmir Public Safety Act, 1978.
4. Respondent No. 2-District Magistrate, Bandipora by virtue of order No. 08/DMB/PSA of 2025 dated 03.05.2025 acting in response to the dossier submitted by the Senior Superintendent of Police (SSP), Bandipora vide his letter No. Lg1/PSA-12/2025/26451-57 dated 30.04.2025, came to hold that the petitioner’s alleged reported state of activities being in state of personal liberty were prejudicial to the maintenance of public order warranting his detention under the Jammu & Kashmir Public Safety Act, 1978.
5. On account of the said detention No. 08/DMB/PSA of 2025 dated 03.05.2025 the petitioner was ordered to be detained and kept in District Jail, Kishtwar.
6. In the dossier, the onl
Preventive detention must be justified by relevant and timely grounds; reliance on stale FIRs is insufficient to curtail personal liberty.
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 should not be based on stale incidents and should not be used as a mode of punishment without trial.
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 must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
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....
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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