Excelsior Correspondent
JAMMU, Jan 29: Emphasizing that preventive detention is an extraordinary measure that must be backed by clear, specific and proximate material, the High Court of Jammu & Kashmir and Ladakh has quashed two detentions under the J&K Public Safety Act (PSA), holding that the allegations were either vague/unsupported or based on a case that had already ended, thereby breaking the required “live and proximate link” for invoking PSA.
In LPA No. 206/2025, a Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal quashed the PSA detention of Huzaif Ahmad Dar, ordered by the District Magistrate, Anantnag on 20.04.2024. The court noted that the detention primarily leaned on FIR No. 219/2022 (PS Anantnag) and alleged post-release conduct, but without specific particulars, including details such as identities of alleged “overground workers” or other concrete material.
The bench also recorded that official records showed the detenue had remained “silent” after 13 September 2023, making the detention legally unsustainable. He was ordered to be released forthwith, if not required in any other case.
In another judgment, the same Bench in LPA No. 248/2025 (in HCP No. 75/2025) set aside the PSA detention of Suraj Masih, ordered by the District Magistrate, Kathua on 20.05.2025. The court found the detention’s “primary catalyst” was FIR No. 202/2024 (PS Kathua), but the investigation in that FIR had been closed as “not admitted” and the closure report accepted by the competent court. With the foundation gone, the bench held the detention could not stand on older FIRs/DDRs lacking proximity and directed his release forthwith, if not required in any other case.
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