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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

HCP No. 354/2024

Reserved on:09.12.2025

Pronounced on: 26.12.2025

Uploaded on: 27.12.2025

Whether operative part or : Full

full judgment is pronounced

Musavir Nabi Bhat, aged 26 years (Detenu) S/o Ghulam Nabi Bhat R/o

Wanganpora Chandihar Eidghah, Srinagar through his brother Sameer

Ahmed Bhat

……. Petitioner(s)

Through: Ms. Nida Nazir, Advocate

Versus

1. Union Territory of J&K through Principal Secretary, Home Department , J&K

Govt. Civil Sectt. Srinagar/Jammu

2. District Magistrate, Baramulla.

……Respondent(s)

Through: Mr. Faheem Nisar Shah, GA

CORAM

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Through the medium of this petition, the petitioner seeks quashment

of Order no. DMS/PSA/28/2024 dated 11.10.2024 (for short “detention

order”), passed by District Magistrate, Srinagar – respondent no. 2 (for short

“detaining authority”) whereby one Musavir Nabi Bhat S/o Ghulam Nabi

Bhat R/o Wanganpora Chandihar Eidghah, (for Short “detenu”) has been

placed under preventive detention with a view to prevent him from acting in

any manner prejudicial to the maintenance of security of State, on the

grounds made mention of therein.

2. Respondents have filed the reply affidavit, insisting therein that the

activities indulged in by detenu are highly prejudicial to the security of the

State and, therefore, his remaining at large is a threat to the security of the

State. The activities narrated in the grounds of detention have been reiterated

in the reply affidavit filed by the respondents.

3. I have heard learned counsel for parties. I have gone through the

detention record attached with the file and considered the matter.

4. The case set up by petitioner in the petition is that detenu was initially

arrested in connection with cases FIR Nos.51/2017, and 52/2017 by Police

Station Nowhatta, Srinagar, and subsequently placed under preventive

detention vide Order No. DMS/PSA/109/2022 dated 08.09.2022 which was

challenged in a writ petition, diarised and registered as WP (Crl)

No.708/2022. The said detention order was quashed vide judgement dated

06.09.2024 and the detenu was released 10.09.2024. However, it is stated

that the detenu was again arrested by Police Station and subsequently shifted

to Special Jail ( Correctional Home) Pulwam to be detained under preventive

detention on similar set of allegations vide Order impugned. Further,

detaining authority has passed the impugned detention order mechanically without

application of mind inasmuch as grounds of detention are vague, indefinite, non-

existent on which no prudent man can make an effective representation against

such allegations. It is further contended that the Constitutional and Statutory

procedural safeguards have not been complied with in the instant case and the

grounds of detention are replica of dossier and unequivocally reflects and shows

non-application of mind on the part of detaining authority.

5. Learned counsel for petitioner states that notwithstanding quashment

of earlier detention order, respondents have again placed detenu under

preventive detention in terms of impugned order of detention. His next

submission is that grounds of detention, made use of by detaining authority

to place detenu under preventive detention in terms of impugned order of

detention, are identical to grounds of detention, made use of by detaining

authority while issuing earlier detention order, quashed by this Court, and

the same reflects non-application of mind on part of detaining authority.

Learned counsel also submits that detaining authority has not given any

fresh grounds of detention against detenu although a passing reference has

been made in the grounds of detention with respect to the report of Senior

Superintendent of Police, Srinagar, that detenu is a major threat to the law

and order and if he is allowed to remain at large, it will affect maintenance

of security of the State, which itself does not amount to fresh ground when

most of the incidents or facts/ grounds