HC quashes PSA detention, says preventive detention cannot be first resort
15/10/2026
JAMMU, Oct 14: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a 23-year-old Jammu resident under the Public Safety Act (PSA), observing that preventive detention cannot be used as the first measure to deal with alleged criminal activities.
Justice Rahul Bharti passed the judgment while allowing a habeas corpus petition filed by Shubham Saini of Arnia through his father, Darshan Lal, and criticised the police for recommending preventive detention on the basis of three FIRs registered on the same date.
The petitioner had challenged detention order No. PSA 22 of 2025, dated December 23, 2025, issued by the District Magistrate, Jammu. He was subsequently lodged in District Jail, Poonch.
The police had described Saini as a habitual offender allegedly involved in violent criminal activities, including attempt to murder, stabbing and possession of illegal arms.
However, the court noted that all three FIRs relied upon by the authorities were registered on October 21, 2025, and that no criminal antecedents had been reported against him before that date.
The court observed that the police appeared to have taken a shortcut by recommending preventive detention without adequately considering the remedies available under ordinary criminal law.
Justice Bharti emphasised that Chapter IX of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides preventive measures to address situations involving threats to public peace.
The court observed that preventive detention, which seriously affects personal liberty, cannot become a routine or initial response by law-enforcement agencies.
Taking a critical view of the action, the court held that the detention was misconceived from its inception.
Advocates Ateet Sapolia and Nishant Verma appeared for the petitioner, while Deputy Advocate General Pawan Dev Singh represented the respondents.
The High Court quashed the detention order along with the subsequent approval and confirmation orders and directed the Superintendent of District Jail, Poonch, to release Saini forthwith.
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