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2026 DAILYLAW 2172 (JK)

Aijaz Ahmad Bhat, S/o Hafizullah Bhat v. Union Territory of Jammu and Kashmir through Principal Secretary

2026-04-03

Rahul Bharti

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JUDGEMENT : RAHUL BHARTI, J. 01. Heard learned counsel for both sides. 02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response. 03. The detention record produced also scanned thoroughly. 04. The petitioner- Aijaz Ahmad Bhat, acting through his father- Hafizullah Bhat, came forward with the institution of present writ petition filed on 29.08.2024 for seeking quashment of detention Order No.17/DMK/PSA/2024 dated 27.07.2024 issued by the respondent No. 2 – District Magistrate, Kulgam whereby the petitioner came to be ordered to be detained to prevent him from acting in a manner prejudicial to the security of State. 05. The order of detention so passed came to be executed upon the petitioner on 30.07.2024 when ASI Fayaz Ahmed of DPL Kulgam had arrested the petitioner and handed over him to the Superintendent Central Jail, Srinagar. 06. The detention order so passed came to be approved by the Government in terms of Govt. Order No. Home/PB-V/1585 of 2024 dated 01.08.2024 followed by furnishing of Advisory Board’s opinion dated 29.08.2024 holding the petitioner’s detention for a justifiable grounds thereby leading to confirmation order bearing Govt. Order No. Home/PB-V/139 of 2024 dated 04.09.2024 07. The petitioner is, thus, serving his two years’ detention period which is coming to expire by July, 2026 and by that time reference the adjudication of the present writ petition is taking place. 08. Learned counsel for the petitioner has referred to the fact that the grounds of detention on the basis of which the respondent No. 2 – District Magistrate, Kulgam came to pass detention Order No. 17/DMK/PSA/2024 dated 27.07.2024 referred to the petitioner’s brother Ayatullah Khumani as being a killed militant. The petitioner’s criminal antecedents by reference to FIR No. 98/2018 finds mention in the grounds of detention and also to the fact that the petitioner was subjected to proceedings under section 107/151 of Code of Criminal Procedure, 1973. 09. In addition, the petitioner’s previous detention under the J&K Public Safety Act, 1978 dating back to year 2019 has been mentioned without specifying number and date of detention order and the reasons for which the petitioner had come to be detained, but nevertheless the petitioner has annexed a copy of judgment dated 22.10.2019 passed in his writ petition HCP No. 34/2019 whereby the petitioner’s detention Order No. 01/DMK/PSA/2019 dated 22.01.2019 passed by the District Magistrate, Kulgam came to be quashed. 10. 10. The quashing of said detention order had taken place on the basis that the petitioner was prejudiced in his right of making an effective representation on account of non- communication of grounds of detention and further that the petitioner was already in custody by reference to FIR No. 98/2018 when he had come to be slapped with the preventive detention Order No. 01/DMK/PSA/2019 dated 22.01.2019 11. If the premise and basis for the first detention Order No. 01/DMK/PSA/2019 dated 22.01.2019 was FIR No. 98/2018 , the same scenario has repeated itself in second time detention of the petitioner by virtue of impugned detention Order No. 17/DMK/PSA/2024 dated 27.07.2024 without any iota of change of circumstances except a very generalized branding of the petitioner that he is a hardcore over ground worker of banned outfit with deep connections with banned LeT and the petitioner is providing logistic support and transportation to the members of the terrorists organizations. 12. This Court would have appreciated the grounds of detention in a better perspective if there would have been some objective reference to facts on the basis whereof the petitioner was being so branded otherwise the grounds of detention as formulated in support of impugned detention Order No. 17/DMK/PSA/2024 dated 27.07.2024 are same as the ones on the basis whereof detention Order No. 01/DMK/PSA/2019 dated 22.01.2019 was passed by the District Magistrate, Kulgam. Perhaps, it is for this reason that the respondent No. 2 – District Magistrate, Kulgam in his grounds of detention has evaded to the details of the petitioner’s previous detention under PSA during the year 2019 that too in reference to the security of State. 13. In the light of aforesaid facts and circumstances of this case, this Court holds the preventive detention of the petitioner illegal. Preventive detention Order No. 17/DMK/PSA/2024 dated 27.07.2024 read with approval/ confirmation/extension order passed by the Home Department, Government of UT of Jammu & Kashmir are illegal and hereby quashed. 14. The petitioner is directed to be restored to his personal liberty by release from the jail wherever he is kept confined for which Superintendent concerned to release the petitioner forthwith. 15. Disposed of 16. Detention record to be returned back to the counsel representing the respondents.