HC quashes one PSA detention, upholds three others
24/04/2026
SRINAGAR, Apr 23: The High Court of Jammu & Kashmir and Ladakh has delivered a split verdict in a batch of habeas corpus petitions under the Public Safety Act (PSA), quashing one detention while uphold-ing three others. Justice M A Chowdhary passed the orders in separate petitions arising from Baramulla, Kupwara, Anantnag and Pulwama.
The court granted relief to Ghulam Hassan Malla of Kupwara, quashing his detention under Order No. 16-DMK/PSA of 2025 dated May 1, 2025.
It held that the detention was based on vague and stale grounds, largely reproducing the police dossier without independent application of mind. The court also observed that the allegations dated back to 2013 and lacked a live link with the 2025 detention order.
Finding that the authorities had failed to demonstrate why ordinary law was insufficient, the court set aside the detention and directed his release, subject to his not being required in any other case.
However, the High Court upheld the detention of Ahsan-ul-Haq Khanday of Baramulla under Order No. 35/DMB/PSA/2024 dated May 16, 2024.
It noted that the detenue had been provided relevant material and informed of his right to make a representation, and found no merit in the plea that the grounds were stale.
The petition filed by Mohd Ashraf Mantoo of Anantnag against his detention order dated April 26, 2025 was also dismissed.
The court observed that all necessary documents, including the detention order, grounds and dossier, had been supplied to the detenue and that his representation had been duly considered by the government.
Similarly, the High Court upheld the detention of Ishfaq Ahmad Sheikh of Pulwama under Order No. 05/DMP/PSA/25 dated April 30, 2025.
It observed that the detenue had a history of involvement in earlier cases and that the detention record showed compliance with procedural safeguards, including supply of material and communication of the right to make a representation.
Holding the petitions to be without merit, the court dismissed them and sustained the detention orders in the three cases.
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