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2025 DAILYLAW 12645 (JK)

JAVID AHMAD RATHER v. UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. (HOME)

HCP/257/2024 · 2025-09-30

Moksha Khajuria Kazmi

body2025

Judgment text

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Serial No. 80 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 257/2024 JAVID AHMAD RATHER …Appellant(s)/Petitioner(s) Through: Mr. Wajid Mohammad Haseeb, Advocate Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. (HOME) ...Respondent(s) Through: Mr. Faheem Nisar Shah, GA CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 30.09.2025 1. By this petition, petitioner herein has challenged the order No. 09- DMK/PSA of 2024 dated 04.05.2024, for short impugned order, passed by the District Magistrate, Kupwara, whereby, the detenue namely Javid Ahmad Rather S/O Gh Ahmad Rather R/O Tikipora Tehsil Sogam District Kupwara, has been detained under the provisions of Public Safety Act (PSA). The said order was executed on 10.05.2024. 2. Perusal of the detention record reveals that the period of detention as prescribed in the order of detention was for a period of one year, which has expired on 10.05.2025, therefore, the order of detention has outlived its life and the detenue in consequence thereof is entitled to be released from the preventive custody. It is stated that the detenue has been detained in terms of impugned order for a period of one year w.e.f 10.05.2024 to 10.05.2025. Admittedly, the validity of the impugned order has outlived, therefore, the detenue, in the interest of justice requires to be released from preventive custody. 3. Accordingly, while holding the petition as having become infructuous, it is ordered that the detenue namely Javid Ahmad Rather S/O Gh Ahmad Rather R/O Tikipora Tehsil Sogam District Kupwara, be released from preventive detention forthwith, if not required in any other case. 4. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 30.09.2025 “Adil Ismail”