Srinagar, March 13: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Pulwama resident under the Public Safety Act (PSA), declaring the detention illegal and directing authorities to release him immediately.
The court set aside the detention order issued by the District Magistrate Pulwama against Mudasir Ahmad Bhat, observing serious discrepancies and lack of proper application of mind in the handling of the case.
Justice Rahul Bharti delivered the judgment while hearing a habeas corpus petition filed on behalf of the detainee challenging the legality of the preventive detention order.
The petitioner had approached the court through his wife, seeking quashing of the detention order issued under Section 8 of the Jammu and Kashmir Public Safety Act, 1978.
According to the case record, the detention order No. 12/DMP/PSA/25 dated April 30, 2025 had been issued by the District Magistrate Pulwama following a dossier submitted by the Senior Superintendent of Police Pulwama alleging that the petitioner was involved in activities prejudicial to the security of the state.
Police had alleged that the petitioner was acting as an overground worker and was providing logistical support to militants and sharing information regarding the movement of security forces.
The authorities had also claimed that he was attempting to influence local youth and encourage them to join militant ranks.
Based on these allegations, the District Magistrate ordered his preventive detention and the detainee was lodged in District Jail Udhampur.
The detention order was subsequently approved by the Jammu and Kashmir government and extended for a period of six months.
However, during the hearing, the court found multiple inconsistencies in the official records and documents presented by the authorities.
Justice Bharti observed that there were discrepancies between the police dossier and the grounds of detention prepared by the District Magistrate, including conflicting dates related to police summons issued to the petitioner.
The court also noted that the jail authorities had reported that the detainee had been lodged in District Jail Udhampur since December 5, 2024, even though the detention order was issued later on April 30, 2025.
The court described the situation as disturbing and indicative of a lack of proper attention by officials handling preventive detention matters.
“The preventive detention inflicted upon the petitioner is painful and pinching to the very constitutional sensitivity with which preventive detention jurisdiction is supposed to be exercised,” the court observed.
The judgment further stated that such serious errors in official records reflect carelessness in the handling of preventive detention cases by the concerned authorities.
In view of the inconsistencies and procedural lapses, the court declared the detention illegal and quashed the order issued by the District Magistrate Pulwama along with subsequent approval, confirmation and extension orders issued by the Home Department of the Union Territory.
The High Court directed the Superintendent District Jail Udhampur to restore the detainee to personal liberty immediately.
The petitioner was represented by advocates Zameer Abdullah and Zahir Abdullah, sons of Jammu and Kashmir Chief Minister Omar Abdullah, while the UT government was represented by Government Advocate Furqan Yaqoob.. [KNT]
