JUDGMENT

1. The present petition under Article 226 of the Constitution seeks issuance of a writ of habeas corpus for quashing Detention Order No. 11/DMP/PSA/25 dated 30.04.2025 passed by respondent No.2-District Magistrate, Pulwama, whereby the detenue, stated to be a juvenile, has been detained under the provisions of the Jammu & Kashmir Public Safety Act, 1978 (for short “PSA”) in order to deter him to act in a manner prejudicial to the ‘security of the State’.

2. The main thrust of challenge is that the detenue was a juvenile on the date of alleged activities as well as on the date of registration of FIR No.293/2023, on the basis of which impugned detention order was passed, rendering the impugned order legally unsustainable.

3. Learned counsel for the petitioner, while reiterated the grounds urged in the petition, argued that the petitioner was below 18 years on the relevant date and, thus, governed by the Juvenile Justice (Care and Protection of Children) Act, 2015. He submits that the detaining authority has failed to consider this crucial aspect; that the petitioner has been detained under the Public Safety Act on false and flimsy grounds without any justification. He further raised the plea of vagueness in the grounds of detention. It is being stated that the allegations leveled in the grounds of detention relate to the year 2023 and those activities have no proximity with present time for the purpose of preventive detention unless any fresh activity is not attributed to the petitioner. It was prayed to upset the impugned order being unsustainable for the afore-stated grounds.

4. Learned counsel for the respondents, ex adverso, submits that the petitioner is a habitual offender whose activities are prejudicial to the security of the State; that the detention of the petitioner is based on subjective satisfaction derived from relevant material; and that the PSA does not expressly bar detention of a juvenile.

5. Heard learned counsel for the parties, perused the detention record produced by learned counsel for the respondents and considered.

6. Briefly stated facts of the present case are that the detenue came to be arrested in FIR No.293 of 2023 for the offences under Sections 302 IPC, 2/25 A.Act, registered at Police Station, Pulwama, alleging involvement in antinational/subversive activities; that the petitioner was also found working as potential OGW of killed terrorists namely Riyaz Ahmad Dar @ Khalid @ Sheeraz R/O Sathergund Kakapora and Rayees Ahmad Dar R/O Larve Pulwama; that the petitioner was earlier lodged in Juvenile Home Harvan, Srinagar for a period of almost one year and three months and was subsequently released on bail on 02.01.2025; that after his release the detaining authority observed the activities of the petitioner highly prejudicial to the security of the State; that being highly motivated to carry out the nefarious designs, the petitioner was not likely to desist from indulging in subversive activities, therefore, the detaining authority in order to prevent him from indulging in the activities which are prejudicial to the security of the State ordered to detain him, invoking the provisions of The J&K Public Safety Act, 1978.

7. It is not in dispute that the impugned detention order relies upon case of year 2023 i.e. FIR No.293/2023 registered against the detenue, the allegations of indulging himself in subversive activities, and the Police dossier recommending preventive detention of the petitioner.

8. The petitioner has placed on record the Secondary School Examination Certificate issued by The Jammu & Kashmir Board of School Education, indicating the date of birth of the petitioner as 11.04.2007. The said document has not been rebutted by the respondents. Rather it is also the case of the respondents that detenue as juvenile was involved in the case in the year 2023. The grounds of detention has indicated the age of the detenue as 18 years and 16 days as on date of his detention under Public Saf