HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

Reserved on: 02.12.2025

Pronounced on: 16.12.2025

Uploaded on: 17.12.2025

Abu Bakar Khan, Age 22 years, S/o Javid Ahmad Khan R/o Bongam Keller, Tehsil

Keller, District Shopian through his father

……. Petitioner(s)

Through: Mr. Prince Hamza, Adv.

Versus

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

Civil Sectt. Srinagar/Jammu

2. Sr. Superintendent of Police Shopian

3. District Magistrate, Shopian

....…Respondent(s)

Through: Mr. Bikramdeep Singh, Dy. AG.

CORAM

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Through the medium of this petition, Order no. 182/DMS/PSA/2024 dated 04.04.2024 (impugned detention order) passed by District Magistrate, Shopian – respondent no. 3, (for short „detailing authority‟) whereby detenu, namely, Abu Bakar Khan, S/o Javid Ahmad Khan R/o Bongam Keller, Tehsil Keller, District Shopian has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the UT/Country, is sought to be quashed and the

detenu set at liberty on the grounds made mention of therein.

2. The case set up by the petitioner in the petition is that the detenu was detained

in terms of impugned detention order under provisions of PSA 1978 in an illegal and

arbitrary manner and in utter disregard of the constitutional guarantees, guaranteed to the detenu under Article 21 and 22 of the Constitution of India, inasmuch as the detenu is having graduation in theology, apart from memorising the entire Quran-e- Sharief and has been awarded with certificate of merit by the Dean Students Welfare University of Kashmir. The allegations made in the grounds of detention are vague, non-existent as the detaining authority has mentioned various allegations but no specific allegations has been shown against the detenu, 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 detaining authority has not applied its mind to the facts of the case but has acted to the report submitted by Sr. Superintendent of Police, Shopian as the

grounds of detention do not indicate any criminal case or FIR being registered against the detenu at any point of time till his lodgement except proceedings allegedly initiated under Section 107/151 Cr. P.C for which he has been bound down for keeping peace and tranquillity; inasmuch as the detaining authority has not prepared the grounds of detention itself which is a pre requisite for it before passing any detention order and detaining authority has relied only on the police dossier and seems to have worked on the dictates of police authorities, as such, the grounds seems to be replica of the police dossier; inasmuch as the representation submitted by the detenu has not been considered nor relevant material as requested has been furnished to the detenu when the detaining authority is constitutionally duty bound to furnish the same. However, in the instant case, whatever material has been furnished to the detenu, same is vague, imaginary, non –existent and without basis.

3. It is also contended by petitioner that detaining authority has mentioned in grounds of detention involvement of detenu in the proceedings allegedly initiated under Section 107/151 Cr. PC but has not furnished the material, relied upon by it to detenu to enable him to make an effective representation by giving his version of facts attributed to him and make an attempt to dispel the apprehensions nurtured by detaining authority concerning involvement of detenu in alleged activities. It is further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case and unequivocally reflects and shows non-

application of mind on the part of detaining authority.

4. Respondents have filed reply affidavit, insisting therein that the activities indulged in by detenu are highly prejudicial to the se