Asif Iqbal Naik
Jammu: The High Court of Jammu & Kashmir and Ladakh at Jammu has quashed the Public Safety Act (PSA) detention of Jaffer Hussain Butt, a former police constable from Kishtwar who had earlier been dismissed from service by the J&K government for alleged terror links. Justice Vinod Chatterji Koul, while allowing HCP No. 41/2025, ordered his immediate release if not required in any other case.
PSA Jaffar Hussain Butt Ex Police Constable Quashed (3)
The District Magistrate had on December 24, 2024, ordered Butt’s detention under the PSA on the basis of a dossier prepared by the SSP Kishtwar, describing him as a “terror sympathiser” whose activities were prejudicial to the security of the State.
Following the order, Butt, aged 35 and a resident of Hunjala Kishtwar, was shifted to Kot Bhalwal Jail in Jammu.
Police Version at the Time of Detention
Police had claimed that Butt, who was dismissed from service in 2021 under Article 311(2)(c) of the Constitution, was continuously involved in terror-related activities even after his termination. He had earlier been arrested in connection with FIR No. 230/2019 under UAPA and FIR No. 31/2019, investigated by the National Investigation Agency (NIA).
According to the probe, Butt’s name surfaced during investigations into the weapon-snatching incident and the killing of BJP leader Anil Parihar and his brother Ajeet Parihar in Kishtwar who happened to be the father of BJP MLA Kishtwar Shagun Parihar.
Officials alleged that he had provided his car to Hizbul Mujahideen terrorists and facilitated their movement in the district. He was granted bail in August 2021 but remained under close surveillance.
A senior police official at the time of his detention had told News Insider 24X7 that “his detention was made to safeguard the national interest and to send a strong message to terror sympathisers.”
High Court Ruling
However, the High Court found serious lapses in the detention order. Justice Koul observed that the grounds of detention were a verbatim copy of the police dossier, showing “non-application of mind” by the District Magistrate.
The Court further noted that the representations filed by the detenu’s family against his detention were not considered by the government before the case was sent to the Advisory Board. “This infringes the valuable right of the detenu under Article 22(5),” the Court held.
The Judge also ruled that preventive detention cannot be used as a substitute for opposing bail. “If the authorities were apprehensive of his release, they should have contested his bail or challenged the bail order before higher courts, instead of invoking preventive detention,” the judgment read.
Outcome
Quashing detention order No. 8th/DM/K/PSA of 2024, the Court directed that Jaffer Hussain Butt be released forthwith unless required in connection with any other case.
Butt’s case is among several where government employees from J&K, including policemen and junior staff, were dismissed under Article 311(2)(c) over alleged terror links. Alongside him, Mohammad Rafi Butt, a junior assistant in the R&B Department from Kishtwar, was also terminated as part of the administration’s crackdown on the “terror ecosystem.”
it is pertinent to mention that Union Home Minister Amit Shah has directed the authorities in J&K to take strong action against those involved and perpetrated terror in J&K. (Sources)
