HCP No. 171/2025 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 171/2025 Date of pronouncement : 14.05.2026 Uploaded on : 18.05.2026 Nadeem Iqbal …..Petitioner Through:- Mr. Anil Gupta, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Ms. Nazia Fazal, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG. \ CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 01. For last two dates of hearing i.e., 18.02.2026 and 23.04.2026, this Court is struggling to figure out as to whether the respondents have filed counter affidavit to the writ petition or not. 02. Ms. Nazia Fazal, learned Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG for the respondents has the copy of said counter affidavit signed by the respondent Serial No. 06 Regular List HCP No. 171/2025 No. 2-Divisional Commissioner, Jammu with his affidavit attested on 10.02.2026. 03. In view of the fact that there is no counter affidavit traceable on the file, be it physical or digital, as such, this Court is not obliged to further accommodate the Divisional Commissioner, Jammu in the matter of filing of the counter affidavit to the writ petition in view of the fact that the petitioner is fast reaching expiry of his one year detention period which came to visit upon him in terms of impugned detention order No. PITNDPS 34 of 2025 dated 10.06.2025. 04. The petitioner is said to have been detained pursuant to the impugned detention order on 20.06.2025 meaning thereby by coming 20th June, 2026 one year period for the petitioner to remain in preventive detention custody would be coming to self-expiry and by that count this Court is left only with next 30 days period and, therefore, this Court is not in a position to accommodate the respondents any further. 05. Non-filing of the counter affidavit to the writ petition which literally amounts to an admission on the part of the Divisional Commissioner, Jammu. In not coming up with the counter affidavit to the writ petition means that writ HCP No. 171/2025 petition averments are not being traversed with respect to the allegations and assertions made by the petitioner in his writ petition. 06. Therefore, this Court holds the preventive detention order No. PITNDPS 34 of 2025 dated 10.06.2025 passed by the respondent No. 2-Divisional Commissioner, Jammu as illegal and is, accordingly, quashed. 07. The petitioner is directed to be restored to his personal liberty forthwith by his release from the District or Central Jail wherever the petitioner is being confined and for that purpose the Superintendent of concerned Jail to act in abidance. 08. The present writ petition is, accordingly, disposed of. (RAHUL BHARTI) JUDGE JAMMU 14.05.2026 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2026.05.18 10:22 I attest to the accuracy and integrity of this document