Excelsior Correspondent
JAMMU, Oct 16: The High Court of Jammu & Kashmir and Ladakh has quashed three preventive detention orders passed under the Public Safety Act (PSA), observing that authorities failed to apply their mind while invoking preventive custody against the detenus.
Justice Vinod Chatterji Koul, while pronouncing separate judgments in all three cases, directed the immediate release of the detenus, unless required in other cases.
In the case of Murad Ali, son of Haneef Ali of Kathua, detained under Order No PSA/164 dated 12.06.2025, the High Court held that the District Magistrate Kathua ignored the fact that the detenu was already on bail in all registered FIRs, including cases under IPC, NDPS Act, and Prevention of Cruelty to Animals Act. The High Court observed that preventive detention cannot substitute ordinary criminal proceedings and found the grounds “vague and ambiguous.” Advocate Siddhant Gupta represented the petitioner, while Suneel Malhotra, Government Advocate appeared for the UT.
Similarly, the High Court quashed the detention of Javid Iqbal Reshi of Poonch, detained under Order No. DMP/PSA/22 of 2024. The Court held that the District Magistrate Poonch had merely reproduced the police dossier verbatim, exhibiting “complete non-application of mind.” It further ruled that the detenu was not informed of his right to make representation to the detaining authority before government approval, which violated Article 22(5) of the Constitution. Advocate Muzaffar Iqbal Khan appeared for the petitioner, while Dewakar Sharma, Government Advocate represented the UT.
The High Court also quashed the detention of Abdul Gani, son of Noor Ahmed of Kathua, detained vide Order No. PSA/162 dated 26.05.2025. The High Court found that nine out of ten FIRs relied upon were stale, dating back to 2008-2020, with only one recent case in 2025. It noted that preventive detention based on outdated cases amounted to punishment without trial.
The High Court also held that the detenu was not properly informed of his right to representation before the detaining authority. The petitioner was represented by Advocates A.P. Singh and Nikhil Verma, while Suneel Malhotra, Government Advocate defended the respondents.
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