PSA order against Bandipora man declared illegal, court flags “vague” grounds
Srinagar, March 17, KNT: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Bandipora resident under the Public Safety Act (PSA), holding that the order was based on vague grounds and lacked proper application of mind.
The judgment, delivered by Justice Rahul Bharti, directed the immediate release of the detainee, Ehtsham-ul-Haq Dar, unless required in connection with any other case.
The case pertains to a detention order issued in May 2025 by the District Magistrate Bandipora under provisions of the Jammu and Kashmir Public Safety Act, 1978.
According to the court record, the detention was based primarily on a dossier submitted by the police, which alleged that the petitioner was involved in activities prejudicial to public order.
However, the court observed that the material relied upon by authorities was insufficient and lacked substantive factual backing.
The judgment noted that the only criminal antecedent cited against the petitioner was an FIR registered in 2020, without any clarity on whether the case was still under trial or had been concluded.
The court said such incomplete and vague references could not justify curtailment of personal liberty.
“The entire edifice is based on vague and conjectured assumptions without any iota of factual content,” the court observed while examining the detention record.
It further noted that the detention grounds appeared to be a verbatim reproduction of the police dossier, indicating absence of independent reasoning by the detaining authority.
The court said this reflected a lack of proper application of mind on the part of both the Senior Superintendent of Police and the District Magistrate.
In its observations, the court also highlighted that the petitioner’s representation against the detention was not properly considered by the authorities, raising concerns over procedural fairness.
“A fundamental right under Article 21 is not so fragile and weak-footed that it can be uprooted on casual exercise of power,” the court observed.
The Public Safety Act (PSA) is a preventive detention law enacted in 1978 in the erstwhile state of Jammu and Kashmir. It allows authorities to detain individuals without trial for up to two years on grounds of threats to public order or security of the state. The law was introduced by the then government led by Sheikh Mohammad Abdullah. Under the PSA, detention orders are typically issued by district magistrates or divisional commissioners based on police dossiers. The Act has been widely debated, with critics raising concerns over misuse and lack of procedural safeguards, while authorities maintain it is necessary for maintaining law and order.
The judgment also pointed out that preventive detention, being an exceptional measure, must be exercised with due caution and supported by credible material.
The petitioner had challenged the detention through a habeas corpus plea filed by his father, seeking quashing of the order and release from custody.
The court, after examining the pleadings and detention record, concluded that the order could not sustain legal scrutiny.
“In light of the aforesaid, the preventive detention order… is held to be illegal and the same is hereby quashed,” the court ruled.
It directed jail authorities to release the petitioner forthwith, unless required in any other case. The petitioner was represented by Advocate Asif Nabi. [KNT]
