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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

HCP No. 141/2025

Reserved on: 06.03.2026

Pronounced on : 25.03.2026

Uploaded on : 25.03.2026

Whether the operative part or full

judgment is pronounced: Full

Abdul Gani

….Petitioners

Through:- Mr. Sumir Pandita, Advocate.

V/s

UT of J&K & Ors

…..Respondents

Through:- Mr. Suneel Malhotra, GA.

\

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

(JUDGMENT)

01. The petitioner, through the medium of the present

petition, has challenged order No. PSA/173 dated 01.09.2025

(hereinafter to be referred to as “impugned order of

detention”) issued by respondent No. 2-District Magistrate,

Kathua whereby he has been placed under preventive

detention with a view to prevent him from acting in any

manner prejudicial to the maintenance of public order and

peace.

02. The petitioner has challenged the impugned order of

detention on the ground that whole of the material, forming

the basis of grounds of detention, has not been furnished to

HCP No. 141/2025 Page 1 of 6

him, which has deprived him from making an effective

representation against the impugned order of detention. It has

also been contended that the grounds of detention are replica

of the dossier of SSP, Kathua. It has also been contended the

grounds of detention have not been explained to the petitioner

in a language which he understands. It has also been

contended that there has been non-application of mind on the

part of the detaining authority inasmuch as in the grounds of

detention there is no mention of the fact relating to acquittal of

the petitioner in as many as three out of six FIRs, which find

mention in the grounds of detention. It has further been

contended that the activities in which the petitioner is alleged

to have indulged do not warrant passing of an order of

preventive detention.

03. The petition has been contested by the respondents

by filing counter affidavit of the detaining authority viz

respondent No. 2. In the counter affidavit, it has been

submitted that whole of the material, on the basis of which

grounds of detention have been formulated, has been provided

to the petitioner and contents of the same have been explained

to the detenue in Hindi/Dogri language, which he

understands. It has been further submitted that all the

statutory and legal requirements were followed by the

respondents while executing the detention order against the

petitioner. The respondents have also produced detention

record to lend support to their contentions.

HCP No. 141/2025 Page 2 of 6

04. I have heard learned counsel for the parties and

perused record of the case including the detention record,

which has been produced by the respondents.

05. Although a number of grounds have been urged by

the petitioner for assailing the impugned order of detention yet

learned counsel for the petitioner has laid much emphasis on

the following grounds:

(i) That there has been non-application of mind on the

part of the detaining authority inasmuch as in the

grounds of detention there is no mention of the fact

relating to acquittal of the petitioner in as many as

three out of six FIRs, which find mention in the

grounds of detention;

(ii) That activities in which the petitioner is alleged to have

indulged do not warrant passing of an order of

preventive detention because the same pertain to

ordinary criminal activities directed against the

individuals and not against society as a whole.

06. In the context of the first ground urged by learned

counsel for the petitioner, a perusal of the grounds of

detention would reveal that it bears reference to as many as

six FIRs bearing Nos. 132/2015 of Police Station, Kathua,

40/2020 of Police Station, Lakhanpur, 14/2022 of Police

Station, Lakhanpur, 71/2022 of Police Station, Lakhanpur,

143/2025 of Police Station, Kathua and 328/2025 of Police

Station, Kathua. The petitioner has placed on record copies of

court orders, which reveal that he has been acquitted in cases

arising out of FIR No. 40/2020 of Police Station, Lakhanpur,

HCP No. 141/2025 Page 3 of 6

F