Excelsior Correspondent
JAMMU, Oct 1: In two significant rulings, the High Court of Jammu & Kashmir and Ladakh has quashed preventive detention orders passed under the Public Safety Act (PSA), directing immediate release of two detainees, holding that the authorities had failed to apply their mind and follow constitutional safeguards.
The first case pertained to Jaffer Hussain Butt, who had challenged his detention order dated December 24, 2024, issued by the District Magistrate, Kishtwar. The order was based on allegations of his past involvement in FIR No. 31/2019 (under RPC and Arms Act) and FIR No. 230/2019 (under ULA(P) Act), besides Daily Diary Reports linking him to suspected militant sympathies.
Appearing on behalf of the petitioner, Advocate Firdous Tak argued that the detention order was merely a verbatim reproduction of the police dossier without any independent satisfaction recorded by the detaining authority. It was also submitted that the grounds of detention were stale, related to incidents of 2019, and that the detenu had been on bail since 2021 without any fresh unlawful activity.
Justice Vinod Chatterji Koul, after perusing the records, noted that the grounds of detention and the dossier contained “almost similar wording,” proving non-application of mind. The High Court cited Supreme Court precedents stressing that liberty cannot be curtailed by casually reproducing police dossiers. It further observed that the representation filed by the detenu had not been considered by the Government before referring the case to the Advisory Board, which violated constitutional safeguards under Article 22(5).
Consequently, the Court quashed the detention order and directed that Butt be released forthwith if not required in any other case.
In the second matter, the High Court dealt with the preventive detention of Mohd Kalu, a resident of Gujjar Basti, Miran Sahib, Jammu, who had been detained under Order No. PSA 05 of 2025 dated April 10, 2025, passed by the District Magistrate, Jammu. The petition was filed through his mother and argued by Advocate Gagan Oswal, who submitted that the detenue was not supplied with the complete material relied upon by the detaining authority, and the grounds of detention were not explained to him in the language he understood.
Opposing the plea, Deputy Advocate General Pawan Dev Singh argued that all constitutional safeguards were followed and the detenue had been informed of his right to representation. However, the High Court found that the dossier and material relied upon were not supplied to the detainee, thereby disabling him from making an effective representation. It also noted that no affidavit was filed by the officer who allegedly translated the grounds of detention.
Accordingly, the detention order was quashed and the authorities were directed to release Kalu immediately if not required in any other case.
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