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2026 DAILYLAW 2190 (JK)

Ali Mohammad Rather S/o Ghulam Rasool Rather v. Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government

2026-04-01

Rahul Bharti

body2026
JUDGMENT : RAHUL BHARTI, J. 01. Heard learned counsel for the petitioner as well as for the respondents. 02. Perused the writ pleadings and the documents therewith. 03. Scanned the detention record thoroughly as produced from the end of the respondents. 04. The petitioner – Ali Mohammad Rather, acting through his daughter – Mst. Shafia, is seeking writ jurisdiction of this Court for issuance of a writ of habeas corpus for restoration of his personal liberty which came to be curtailed and contained in a confinement by an Order No. DMS/PSA/11/2025 dated 29.04.2025 passed by the respondent No. 2 – District Magistrate, Srinagar under the Jammu & Kashmir Public Safety Act, 1978 as a result whereof the petitioner is held in detention with effect from 02.05.2025 and firstly lodged in District Jail, Poonch and wherefrom he came to petition this Court but now in jail outside UT of J&K. 05. The state of circumstances which led the respondent No. 2 – District Magistrate, Srinagar to order the preventive detention of the petitioner is when Sr. Superintendent of Police (SSP), Srinagar by virtue of his letter No. LGL/Det/2025/14062-65 dated 28.04.2025 forwarded a dossier with respect to the alleged state of activities of the petitioner which were read and reckoned to be prejudicial to the maintenance of security of the State. 06. In his said dossier, Sr. Superintendent of Police (SSP), Srinagar came to introduce the petitioner as a resident of Mulfaq Hazratbal, Srinagar and an illiterate person who from his early age got deeply influenced by a radical ideology and coming in contact with active terrorists and OGWs of LeT thereby getting motivated to work for the outfit for providing logistic support. All sensitive information regarding movement of police and the security forces in the area are said to have been shared and reported by the petitioner for LeT banned outfit. The petitioner is alleged to be engaged in preaching, spreading and propagating terrorist ideology in the area and motivating youth for joining unlawful activities in the area. 07. All sensitive information regarding movement of police and the security forces in the area are said to have been shared and reported by the petitioner for LeT banned outfit. The petitioner is alleged to be engaged in preaching, spreading and propagating terrorist ideology in the area and motivating youth for joining unlawful activities in the area. 07. By digging the past, the petitioner’s involvement in the year 2008 in a criminal case registered as FIR No. 39/2008 under section 307 RPC of Police Station Zakoora has been highlighted on the basis whereof the petitioner’s previous preventive detention order in terms of an Order No. DMS/PSA/12/2022 dated 07.04.2022 under the Jammu & Kashmir Public Safety Act, 1978 came to take place only to be quashed by the High Court of Jammu & Kashmir and Ladakh at Srinagar through the medium of WP(Crl) No. 338/2022 dated 03.04.2022 as is stated in the dossier. 08. The petitioner is said to have relapsed in anti- national activities without mending his ways despite being given many chances with a hope that the petitioner would live a normal life but that was not meant to be so, as from the reliable resources and reports, the petitioner is said to be still engaged in sharing anti-national posts on social media through encrypted sites. 09. Dossier further states that the petitioner has been subjected on three occasions to proceedings under section 126 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on 15.06.2024, 11.05.2024 & 11.04.2024. 10. Drawing from said dossier, the respondent No. 2 – District Magistrate, Srinagar came to frame grounds of detention without deviating even by shade from the very text of the dossier to the extent of even repeating the previous detention order No. DMS/PSA/12/2022 dated 07.04.2022 and quashment of said order by the High Court of Jammu & Kashmir and Ladakh at Srinagar vide WP(Crl) No. 338/2022 dated 03.04.2022 meaning thereby the order of the High Court came first on 03.04.2022 and the detention order came to be passed later on 07.04.2022. 11. 11. Two senior most officers, one of District Police and other one of District Magistrate, were not able to carry out a mindful reading of the text of the dossier as well as the grounds of detention to attend to this patent anomaly with respect to mention of date is an indicator of the fact that making of dossier and formulation of grounds of detention was perhaps taking place at the end of the clerical staff of said two officers. 12. The detention warrant came to be executed by ASI Nazeer Ahmed, PID No. 871612/ARP of Police Station Zakoora who is said to have handed over 12 leaves compilation comprising of detention warrant, grounds of detention, notice of detention order, dossier and other relevant documents by explaining to the petitioner in the language understood by him and taking a receipt from him to said effect. This means that what was read over to the petitioner by ASI Nazeer Ahmed from the grounds of detention as well as from the dossier is the fact that the previous detention of the petitioner in terms of Order No. DMS/PSA/12/2022 dated 07.04.2022 was quashed by the High Court of Jammu & Kashmir and Ladakh, Srinagar Wing in WP(Crl) No. 338/2022 by order dated 03.04.2022 which ex-facie is a self-contradictory and self-negating fact that the detention order followed the quashment order. 13. Although, the detention order of the petitioner came to be approved by the Government in terms of Govt. Order No. Home/PB-V/798 of 2025 dated 06.05.2025 followed by Advisory Board’s opinion dated 23.05.2025 with confirmation order getting passed vide Govt. 13. Although, the detention order of the petitioner came to be approved by the Government in terms of Govt. Order No. Home/PB-V/798 of 2025 dated 06.05.2025 followed by Advisory Board’s opinion dated 23.05.2025 with confirmation order getting passed vide Govt. Order No. Home/PB-V/1081 of 2025 dated 02.06.2025 by ordering the petitioner’s detention for a period of six months at first instance with effect from 03.05.2025 till 02.11.2025 to be lodged in District Jail Gurugram, Haryana and the detention period came to be next extended which is lasting as on date of hearing of the writ petition, as this Court has already observed hereinabove that there is a patent illegality and infirmity in the dossier as well as in the grounds of detention which punctures the very authenticity and authority of dossier as well as grounds of detention by taking liberty of misquoting the order of the High Court of Jammu & Kashmir and Ladakh, Srinagar Wing by reference to the petitioner’s writ petition WP(Crl) No. 338/2022 dated 03.04.2022 , this Court finds that the petitioner’s preventive detention deserves to be quashed and is hereby quashed. 14. Detention Order No. DMS/PSA/11/2025 dated 29.04.2025 read with approval/confirmation/extension order/s are hereby quashed. 15. The petitioner is directed to be restored to his personal liberty by his release from the District Jail Gurugram, Haryana where which he is stated to be detained and to that effect Superintendent of Jail concerned to release the petitioner forthwith and the District Magistrate, Srinagar to ensure that the petitioner is brought back to Srinagar safe and sound. 16. Disposed of.