HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved On: 2^nd of April, 2025.

Pronounced On: 24^th of April, 2025.

Suhaib Ahmad Malik … Petitioner(s)

Through: -

Mr Vaseem Aslam, Advocate.

V/s Union Territory of J&K and Ors.

… Respondent(s)

Through: -

None.

CORAM:

Hon’ble Mr Justice Rahul Bharti, Judge.

(JUDGMENT)

01. Heard learned counsel for the petitioner.

02. Perused the pleadings of the writ petition and the record therewith.

03. The petitioner-Suhaib Ahmad Malik, who is a 26 years old person, acting through his brother namely Suhail Ahmad Malik, has petitioned this Court through the medium of the present writ petition filed on 6^th of June, 2023 thereby seeking quashment of his preventive detention effected under the Jammu & Kashmir Public Safety Act, 1978 meant to prevent him from including in activities prejudicial to the security of the State.

04. The Senior Superintendent of Police (SSP), Bandipora submitted a communication No. Lgl/PSA-11/2023/14899-905 dated 4^th of May, 2023 accompanied with a dossier to the respondent No.2-District Magistrate, Bandipora thereby soliciting the respondent No.2-District Magistrate, Bandipora to exercise jurisdiction under Jammu & Kashmir Public Safety Act, 1978 by ordering detention of the petitioner so as to prevent him from indulging in activities reckoned prejudicial to the security of the State.

05. In the dossier, the petitioner has come to be referred to Lashkar-e-Toiba be having affiliation with outfit (OGW). The petitioner was referred to be well-educated having developed Lashkar-e-Toiba relationship with terrorist organization namely (LeT) and started working as its Over Ground Worker (OGW). The petitioner is referred to be instrumental in propagating/

Lashkar-e-Toiba instigating (LeT) ideology in Bandipora and its Lashkar-e-Toiba adjacent areas being an admirer of (LeT)

ideology and petitioner himself participating in various unlawful/ anti-national activities in District Bandipora and its adjacent areas. 06. Insofar as petitioner’s criminal antecedents are concerned by reference to the said dossier, it came to be mentioned that petitioner was implicated in a criminal case born out of FIR No. 26/2021 under sections 468/471 IPC read with 7/25 Indian Arms Act, 1959 of the Police Station Aragam. Upon his arrest in connection with said FIR during his interrogation, the petitioner is said to have revealed that he is working with banned Lashkar-e-Toiba (LeT) outfit for the last three months and was involved in efforts of criminal conspiracy with his two co-accused persons namely Tawseef Ahmad Sheikh and Aijaz Ahmad Hajam to issue sim cards for being used in subversive activities. The petitioner was said to be in touch with his handlers across the border namely Babar (Operational Commander/ FT) and Sharik (LT) located in PoK. The petitioner was alleged to be in close contact with Sharik through Social Media Apps like CONION and FB MESSENGER. The petitioner is said to have received clear directions about a group infiltrating in Kashmir and, as such, was directed to collect local terrorists and other foreign terrorists in order to provide every possible and logistic support and shelter in the interiors of Bandipora jurisdiction.

07. It came to be further highlighted in the dossier that the petitioner was earlier subjected to preventive detention under the Jammu & Kashmir Public Safety Act, 1978 vide order No. 05/DMB/PSA dated 29^th of July, 2021 which is said to have been quashed by this Court resulting in his release on 17^th of April, 2022.

08. It is pursuant to his release that the petitioner is said to have been put again on close surveillance which led to inputs that the petitioner was indulging in prejudicial activities by developing contacts with various terrorists/ secessionist organizations. The petitioner came to be referred as educated, die-hard and staunch associate of anti-national gang bent upon promoting violence and disturbances in the Kashmir valley. In view of the then forthcomin