RAYEES AHMAD MALLA v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)
HCP/142/2024 · 2025-04-05
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7227 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7227 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 42 Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HCP No. 142/2024 Rayees Ahmad Malla ….. Appellant/petitioner(s) Through: - Mr. Asif Nabi, Advocate
V/S UT of J&K and Ors.
….. Respondent(s) Through: - None
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER) 05.04.2025
By this petition, detenue has challenged the order No. DIVCOM-K/21/2024 dated 22.03.2024, for short impugned order, passed by the Divisional Commissioner, Kashmir, in terms whereof, the detenue namely Rayees Ahmad Malla S/o Ghulam Mohi- ud-Din Malla R/o Konjibal Tral-I-Payeen District Pulwama, has been detained under the provisions of Public Safety Act (PSA).
Learned counsel for the petitioner submits that the period of detention as prescribed in the order of detention was for a period of one year, which is expiring on 22.03.2025, he would, therefore, submit that the order of detention has outlived its life and the detenue in consequence thereto is entitled to be released from the preventive custody. It appears that the order of detention has been executed on 26.03.2024 and the detenue has been detained in terms of impugned order for a period of one-year w.e.f. 22.03.2024 to 22.03.2025. Admittedly, the validity of the impugned order has outlived, therefore, the detenue, in the interest of justice requires to be released from preventive custody. Accordingly, it is ordered that the detenue namely Rayees Ahmad Malla S/o Ghulam Mohi-ud-Din Malla R/o Konjibal Tral-I-Payeen District Pulwama be released from preventive detention forthwith, if not required in any other case.
Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 05.04.2025
“Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document