The Jammu & Kashmir and Ladakh High Court has quashed the Public Safety Act (PSA) detention of prominent social activist Waqar H. Bhatti from Rajouri district, calling the order “arbitrary” and issued “without application of mind.” Bhatti was released after spending nearly eight months in preventive custody.
Justice M.A. Chowdhary, delivering the judgment, observed that the authorities had violated key constitutional safeguards under Article 22(5) of the Constitution. The court noted that the detaining authority failed to inform Bhatti of his right to challenge the detention order and did not provide him with the complete material on which the detention was based.
Waqar Bhatti, 40, a resident of Saaj village in Thanamandi Tehsil, was detained under Order No. DMR/PSA/01 of 2025, issued on February 21 by the District Magistrate of Rajouri. His detention was challenged through a habeas corpus petition filed by his brother, Ghulam Mustafa Bhatti, before the Jammu High Court.
The District Magistrate cited several FIRs registered between 2018 and 2025, along with a police DDR entry, to justify the detention, claiming Bhatti posed a threat to public order. However, the court found the detention grounds to be a “photocopy of the police dossier,” reflecting a lack of independent application of mind by the authorities.
The judgment also noted that Bhatti had not been provided with the full record supporting his detention, nor was the material explained to him in a language he could understand. The court observed that this failure denied him a fair opportunity to contest the order.
Justice Chowdhary further criticized the administration for suppressing facts, pointing out that Bhatti had already been acquitted in one of the FIRs cited in the detention order—FIR No. 303/2018 under Section 124-A IPC, registered at Police Station Bahu Fort, Jammu.
In a strong defense of personal liberty, the court stated that “personal liberty is one of the most cherished freedoms” and emphasized that even a minor violation of procedural safeguards justifies quashing a detention order.
Following the court’s ruling, Bhatti was released from District Jail Kathua. His wife, Roohi Bhatti, expressed relief, saying, “Waqar was detained in February, and it has been a long and painful wait for our family. We are relieved that the court finally restored his liberty.” She added that her husband had been booked in multiple cases due to his outspoken views.
The High Court concluded that the detention was unsustainable and ordered Waqar Bhatti’s immediate release from preventive custody, unless he is needed in connection with any other case. (Agencies)
