HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(Crl) No. 123/2023

Reserved on: 11.12.2025

Pronounced on: 17.12.2025 Uploaded on: 20.12.2025

Whether the operative part or full

judgment is pronounced-Full Judgment

Ashiq Hussain Wani

…Petitioner(s)

Through: Mr. N.A.Ronga, Advocate.

Vs.

Union Territory of J&K & Anr.

…Respondent(s)

Through: Mr. Furqan Sofi, GA vice

Mr. Mohsin Qadri, Sr.AAG.

CORAM:HON’BLE MR. JUSTICE M. A.CHOWDHARY, JUDGE

JUDGMENT

1. The petitioner, in terms of the detention order No.

DMS/PSA/116/2022 dated 12.09.2022 (for short ‘impugned order’), has been detained in the interest of security of the UT of J&K by District Magistrate Srinagar-Respondent No.2 (for short ‘detaining authority’) in exercise of powers conferred on him under Section 8 of the J&K Public Safety Act, 1978. The said detention order has been challenged through the medium of present petition, allegedly being in breach of the provisions of Article 22(5) of the Constitution

of India.

2. The petitioner has pleaded in the petition, that the detenue was

implicated in a case FIR No.137/2022 without any justification and was placed in illegal confinement. It is being contended that the allegations/grounds of detention a