HC quashes two PSA detention orders, says constitutional safeguards cannot be empty formality

16/05/2026

Jammu, May 15: The High Court of Jammu and Kashmir and Ladakh has quashed two separate detention orders issued under the Jammu and Kashmir Public Safety Act (PSA), observing that constitutional safeguards in preventive detention matters cannot be reduced to an empty formality.
Justice Sanjay Dhar allowed habeas corpus petitions filed by Nayeem Ahmad Khan and Rayees Ahmad Lone, challenging their preventive detention orders passed by the District Magis-trates of Srinagar and Ganderbal, respectively. The court directed authorities to release both detenues forthwith, provided they were not required in any other case.
In the first case, Nayeem Ahmad Khan challenged detention order No. DMS/PSA/26/ 2025 dated June 2, 2025, issued by the District Magistrate, Srinagar, under Section 8 of the PSA. Khan was represented by Senior Advocate Z.A. Qureshi along with Advocate Athar Ras-hid, while Senior AAG Mohsin Qadiri, assisted by Advocate Haarish Khan, appeared for the Union Territory.
The petitioner argued that the detention grounds were vague, stale and unsupported by material particulars and that the detaining authority had failed to consider relevant facts.
The High Court found that the detaining authority omitted to mention that Khan had already been granted bail in FIR Nos. 61/2018 and 85/2018 registered at Police Station Pantha Chowk.
Justice Dhar held that non-consideration of such an important fact reflected non-application of mind by the detaining authority and rendered the detention order legally unsustainable. The court further observed that the grounds of detention did not specify locations, identities of alleged terrorists or the period during which Khan was allegedly providing logistical support, thereby depriving him of his constitutional right under Article 22(5) to make an effective representation against detention.
In the second matter, Rayees Ahmad Lone challenged detention order No. 04-DMG-PSA-2025 dated April 30, 2025, issued by the District Magistrate, Ganderbal. Lone was represented by Advocate G.N. Shaheen, while Government Advocate Waseem Gull appeared for the respondents. The High Court noted that allegations against Lone, including alleged ideological alignment with terrorists, extremist and separatist elements, were vague and unsupported by material particulars.
Justice Dhar observed that the detention grounds failed to disclose identities of the alleged persons, places of interaction or periods of association, making it impossible for the detenue to understand the basis of detention or effectively challenge it.
The court held that vagueness in detention grounds strikes at the root of the subjective satisfaction required for preventive detention and vitiates the detention order. In Lone's case, the court additionally observed that the detention appeared linked to Shri Amarnathji Yatra 2025, but since the Yatra period had long concluded, the justification for continued preventive detention no longer survived. Allowing both petitions, the High Court quashed the impugned PSA detention orders and directed immediate release of the detenues from preventive custody unless wanted in any other matter.
The judgments reiterated that preventive detention, being an exceptional measure affecting personal liberty, must strictly comply with constitutional and procedural safeguards.

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