JAMMU, October 7: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of 65-year-old Din Mohd. Wani, a resident of Doda, holding that the material relied upon by the authorities failed to establish any actual disturbance of “public order.”
Justice M. A. Chowdhary quashed PSA Detention Order No. 02 of 2026, issued on April 28 by the District Magistrate, Doda, and directed that Wani be released forthwith, subject to him not being required in any other case.
Wani had been detained under the Public Safety Act (PSA) on allegations that his activities were prejudicial to the maintenance of public order. The detention was primarily based on two FIRs concerning alleged illegal transportation of bovines, along with certain Daily Diary Reports.
After examining the detention record, the High Court observed that the material did not demonstrate any actual disturbance of public order. The Court noted that the FIRs had neither resulted in communal tension nor disclosed any subsequent law-and-order situation that could justify preventive detention.
The Court reiterated that “public order” cannot be equated with every criminal activity or the mere registration of criminal cases, and that preventive detention cannot be used as a substitute for the ordinary criminal justice process.
The High Court also found that Wani was not properly informed of his right to make a representation to the detaining authority within the prescribed period. The Court held that this amounted to a violation of the constitutional safeguards under Article 22(5) of the Constitution of India.
Another ground for quashing the detention order was the alleged non-application of mind by the detaining authority. The Court observed that the grounds of detention were substantially a reproduction of the police dossier, without sufficient independent consideration by the authority empowered to pass the detention order.
The judgment referred to principles laid down by the Supreme Court in Jai Singh & Ors. v. State of J&K and Rajesh Vashdev Adnani v. State of Maharashtra. The High Court also relied upon its earlier decisions in Hamid Mohd. v. UT of J&K & Ors. and Reham Ali v. UT of J&K & Ors., concerning the distinction between “law and order” and “public order.”
The petition had been filed through Wani’s son, Shahraz Hussain Wani. He was represented by Advocate N. D. Qazi, assisted by Advocate Amir Ajaz, while the respondents were represented by Government Advocate Adarsh Bhagat.
The High Court ultimately held that the detention order could not withstand judicial scrutiny and ordered the immediate release of Din Mohd. Wani, unless his custody was required in connection with any other case.
