HC quashes PSA detention, says preventive detention cannot be exercised mechanically

17/07/2026

JAMMU, Jul 16: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of a Jammu resident under the Jammu and Kashmir Public Safety Act (PSA), observing that a citizen's liberty cannot be curtailed through an incomplete or mechanical exercise of preventive detention powers.
Allowing a habeas corpus petition, Justice Rajesh Sekhri set aside Detention Order No. PSA-13 of 2025, dated September 6, 2025, passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, and directed the authorities to release petitioner Rahil Gargotra forthwith, provided he is not required in any other case.
The petitioner, represented by advocates Rahul Raina and Hasnain Shakeel, challenged his detention on the ground that material facts relating to his arrest, continued custody and grant of bail in FIR No. 139/2025 registered at Police Station Janipur had not been placed before the detaining authority.
According to the petition, Gargotra was arrested in the FIR on August 28, 2025, and remained in judicial custody when the detention order was passed on September 6 and executed the following day. He was also granted bail by the trial court on September 6.
The administration, however, contended that the bail order related to the petitioner's brother, Sahil Gargotra, and not the petitioner.
The High Court noted that the trial court subsequently corrected the typographical error through an order dated October 6, 2025, clarifying that the bail had in fact been granted to Rahil Gargotra.
Justice Sekhri held that once the trial court corrected the error, the authorities could not rely on the earlier typographical mistake to justify the detention.
Rejecting the respondents' submission that the police dossier had been prepared before registration of the FIR and therefore could not have included the subsequent developments, the court observed that the legality of a detention order has to be assessed with reference to the facts existing on the date it is passed.
The court held that the petitioner's custody status and the bail order were vital facts which had a direct bearing on the necessity of invoking preventive detention and ought to have been placed before the detaining authority.
"Where a person is already in custody, the detaining authority must be aware of that fact and record compelling reasons indicating a real possibility of the person being released on bail and thereafter indulging in activities prejudicial to public order," the court observed.
Justice Sekhri reiterated that preventive detention is an exceptional measure permitting deprivation of personal liberty without trial and cannot be used as a substitute for ordinary criminal law.
The court further held that non-placement of relevant material before the detaining authority deprived it of the opportunity to arrive at an informed and lawful subjective satisfaction, rendering the detention legally unsustainable.
The High Court also found merit in the petitioner's contention regarding the delay in disposal of his representation against the detention order.
The petitioner had submitted his representation on October 4, 2025, which was decided only on November 7 and communicated to him on November 13.
Holding that no satisfactory explanation had been offered for the delay of more than a month, the court observed that Article 22(5) of the Constitution mandates that representations against preventive detention be considered with utmost expedition.
"Mere disposal of the representation after delay would not satisfy the constitutional requirement," Justice Sekhri observed.
Holding that the failure to place the petitioner's custody status, the fresh FIR and the bail order before the detaining authority reflected non-application of mind, and that the unexplained delay in deciding the representation constituted an additional ground to invalidate the detention, the High Court allowed the petition and quashed the PSA detention order.
Deputy Advocate General Pawan Dev Singh represented the Jammu and Kashmir administration.

Photo Gallery

BSE Sensex

NSE Nifty