Suhail Ahmad Parray Th.His Brother v. Union Territory of J and K (Home) and Ors

JUDGEMENT

¶01Heard learned counsel for both sides.

¶02Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.

¶03The petitioner has challenged his preventive detention which came to be ordered by virtue of an Order No. 02/DMB/PSA of 2025 dated 01.05.2025 by the respondent No. 2 – District Magistrate, Bandipora thereby reckoning the

alleged state of activities of the petitioner prejudicial to the "Maintenance of Public Order" rendering it necessary to detain the petitioner under the Jammu & Kashmir Public Safety Act, 1978.

¶04On the basis of said detention order, the petitioner came to be taken into preventive detention custody on

02.05.2025 and the detention order came to be approved by the Govt. in terms of an Order No. Home/PB-V/812 of 2025 dated 06.05.2025 followed by Advisory Board's opinion report dated 22.05.2025 leading to passing of Govt. Order No. Home/PB-V/1214 of 2025 dated 12.06.2025 followed by further extension orders meant to last for full period of one year which is coming to expire soon at the time of hearing of this writ petition.

¶05The petitioner has assailed his detention as illegal as under the garb of reference to the criminal cases pending against him, the petitioner has been handed over punitive punishment under the garb of preventive detention.

¶06A bare perusal of the grounds of detention as formulated by the respondent No. 2 – District Magistrate, Bandipora would show that not only the alleged antecedents

of the petitioner forming basis for ordering his preventive detention are stale on which there could not have been any consideration for ordering preventive detention of the petitioner but even those are in the realm of "Law and Order" and not in the arena of "Maintenance of Public Order."

¶07In the light of aforesaid, this Court holds the preventive detention of the petitioner illegal which warrants to be set aside.

¶08Accordingly, detention Order No. 02/DMB/PSA of 2025 dated 01.05.2025 passed by the respondent No. 2 – District Magistrate, Bandipora alongwith approval/ confirmation order passed by the Govt. of UT of J&K through Home Department are set aside. The petitioner is directed to be restored to his personal liberty by his immediate release from the concerned jail for which the Superintendent concerned to act in abidance.

¶09Disposed of.

(RAHUL BHARTI) JUDGE SRINAGAR

04.05.2026

Opinder

Whether the judgment is speaking :

Whether the judgment is reportable :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on : 03.04.2026 Pronounced on : 04.05.2026 HCP No. 127/2025 Suhail Ahmad Parray – Aged 27 S/o Zahoor Ahmad Parray R/o Bangar Mohalla Hajin District Bandipora through his brother Aqib Zahoor Parray. …..Petitioner Through: Ms. Humaira Shafi, Advocate Vs 1. UT of J&K through its Principal Secretary to Home Department of J&K at Civil Secretariat, Srinagar/ Jammu. 2. District Magistrate, Bandipora. 3. Superintendent District Jail Amphala, Jammu. .…. Respondents Through: Mr. Jahingeer Ahmad Dar, GA CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE