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2026 Supreme(Online)(J&K) 443



HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No.189/2025 Reserved on: 16.04.2026 Pronounced on: 22.04.2026 Uploaded on: 23.04.2026 Whether the operative part or full judgment is pronounced: Full Ghulam Hassan Malla, S/O Mohammad Jamal Malla, Through his wife Sara Begum, R/O Harden Sever, Lolab, Kupwara.

…Petitioner(s)

Through: Adv. Sami Sabir Lone.

Vs.

1. Union Territory of J&K through Principal Secretary to Govt., Home Department, Civil Sectt. Srinagar.

2. District Magistrate, Kupwara.

3. Superintendent Central Jail, Jammu.

…Respondent(s)

Through: GA Faheem Nisar Shah.

CORAM:HONBLE MR. JUSTICE M. A.CHOWDHARY, JUDGE

JUDGMENT

1. Habeas Corpus Petition is a legal instrument used to challenge unlawful detention. It compels the authorities to bring the detained individual before the court to examine the legality of their detention.

2. The petitioner herein namely Ghulam Hassan Malla is aggrieved of the order passed by the District Magistrate, Kupwara-respondent No.2 (for short ‘Detaining Authority’), who, in exercise of powers conferred on him under Section 8(1)(a)(i) of the J&K Public Safety Act, 1978, has detained the petitioner in order to prevent him from the activities prejudici

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