##PAGE1##

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

HCP No. 80/2025

Reserved on: 18.12.2025

Pronounced on: 24.12.2025

Uploaded on: 26.12.2025

Whether operative part or : Full

full judgment is pronounced

Mohammad Irfan Dar

……. Petitioner(s)

Through: Mr. Wajid Haseeb, Advocate

Versus

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

J&K Govt. Civil Sectt. Srinagar/Jammu

2. District Magistrate, Pulwama

3. Sr. Superintendnt of Police, Pulwama

.…Respondent(s)

Through: Mr. Jehingeer A Dar, GA

CORAM

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Through the medium of this petition, Order no. 01/DMP/PSA/25 dated

14.03.2025 (impugned detention order) passed by District Magistrate, Pulwama

– respondent no. 2, (for short „detailing authority‟) whereby detenu, namely,

Mohammad Irfan Dar S/o Nazir Ahmad Dar R/o Kachipora Tehsil Rajpora

District Pulwama, has been placed under preventive detention with a view to

prevent him from acting in any manner prejudicial to the security of the State is

sought to be quashed and the detenu set at liberty on the grounds made mention

of therein.

2. Respondents have filed 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 State. The activities

narrated in the grounds of detention have been reiterated in the reply affidavit

filed by respondents. The factual averments that detenu was not supplied with

relevant material relied upon in the grounds of detention have been refuted. It is

insisted that all the relevant material, which has been relied upon by the

1

HCP No. 80/2025

detaining authority, was provided to the detenu at the time of execution of

warrant.

3. I have heard learned counsel for parties and considered the matter. I have

gone through the detention record produced by the counsel appearing for

respondents.

4. Learned counsel for petitioner states is that the detenu was arrested in the

month of March, 2025 and was taken to Police Station, where he was detained

illegally and thereafter was shifted to District Jail, Udhampur, to be detained in

terms of impugned order dated 14.03.2025 under the provision of Public Safety

Act. The allegations mentioned in the grounds of detention have no nexus with

the detenu and the detention order seems to have been passed against the wrong

person as the detenu does not know anyone except to the extent of his

relationship with his brother, nor he has otherwise associated himself with any

person or organization. It is also stated that the detention order has been passed

on mistaken identity as the detenu has not ever established any contact physically

or virtually, as alleged in the grounds of detention, inasmuch as the detaining

authority has not applied its mind to the facts of the case but has acted on the

report submitted by Senior Superintendent of Police, Pulwama, as the grounds of

detention do not indicate any criminal proceedings allegedly initiated under

Section 109, 107, 151 Cr. PC & 126, 170 BNSS for which he has been bound

down several times; inasmuch the detaining authority has mentioned various

allegations in the grounds of detention, however no specific allegation has been

given regarding the detenu in the cases mentioned in the grounds of detention,

not even an iota of connection is given in the grounds of detention connecting the

detenu with the allegations. It is also stated that the detenu has developed a deep

passion towards terrorism and providing them all logistic support like food,

shelter, information about their movements and also transportation of arms etc.,

however, he has no connection with any terrorist organization or with terrorist

cadres, being vague, imaginary and without basis. It is further stated that detenu

is not involved in any criminal activity nor any FIR is registered against him

regarding any prejudicial activity, as such, there was no compelling reason for

detaining authority to pass impu