Srinagar, October 30: The Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of a Rajouri resident under the Public Safety Act (PSA) and ordered his immediate release from District Jail, Poonch, after finding a violation of important constitutional safeguards.
The judgment was delivered by Justice Rahul Bharti on October 23, 2026, while hearing a habeas corpus petition filed by Manzoor Ahmed on behalf of his brother, Shakoor Ahmed, a 39-year-old resident of Rajouri.
Shakoor Ahmed had been detained under the Jammu and Kashmir Public Safety Act, 1978, through an order issued by the District Magistrate, Rajouri, on July 11, 2026. He was taken into custody on July 13 and lodged at District Jail, Poonch.
The detention order was based on a police dossier submitted by the Senior Superintendent of Police, Rajouri, alleging that his activities were prejudicial to the maintenance of public order. The authorities also referred to his alleged involvement in three previous cases.
During the hearing, the petitioner’s counsel argued that the authorities had failed to inform Ahmed about his constitutional right to submit a representation against his detention to the District Magistrate who had issued the detention order.
The court found that the notice served on Ahmed only informed him about his right to approach the Government, while his separate right to make a representation before the District Magistrate was not communicated.
Justice Rahul Bharti held that this omission violated essential procedural safeguards governing preventive detention and directly affected the fundamental right to personal liberty.
The court also questioned the functioning of the Advisory Board, observing that its responsibility was to carefully examine detention proceedings and identify procedural violations rather than merely facilitate the confirmation of detention orders.
Emphasising the importance of constitutional protections, the court observed that a person deprived of personal liberty should not be required to establish additional prejudice when a fundamental procedural safeguard has been violated.
Consequently, the High Court quashed the original detention order along with all subsequent approval, confirmation and extension orders.
The Superintendent of District Jail, Poonch, was directed to release Shakoor Ahmed forthwith.
The judgment reinforces the importance of following constitutional and legal safeguards in cases involving preventive detention under the Public Safety Act.
