HC quashes PSA detention, says vague allegations of terror links insufficient
15/10/2026
SRINAGAR, Oct 14: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Srinagar resident under the Public Safety Act (PSA), holding that vague allegations of links with terrorists and overground workers cannot justify detention without specific supporting details.
Justice Rajnesh Oswal passed the judgment while allowing a habeas corpus petition filed by Zubair Ahmad Lone challenging detention order No. DMS/PSA/21/2025, dated May 7, 2025, issued by the District Magistrate, Srinagar.
The government had alleged that Lone maintained contact with individuals promoting anti-national activities and had links with terrorists and overground workers associated with a banned organisation. It was also alleged that he provided logistical assistance to terrorists and engaged in activities prejudicial to security.
However, after examining the detention record, the court found that the allegations lacked essential particulars.
Justice Oswal observed that the grounds of detention did not specify when the alleged contacts took place, identify the persons concerned or provide details of the terrorists to whom logistical assistance was allegedly extended.
The court also noted that extracts from the relevant police patrol book did not attribute any illegal activity to the petitioner.
Holding that the vague allegations deprived the detenue of an effective opportunity to represent himself against the detention, the court found a violation of the constitutional safeguards under Article 22(5) of the Constitution.
The court relied upon the Supreme Court judgment in Jahangirkhan Fazalkhan Pathan v. Police Commissioner, Ahmedabad, reiterating that preventive detention based on vague grounds cannot withstand judicial scrutiny.
Advocate Parvaiz Nazir represented the petitioner, while Assisting Counsel Raheela Khan appeared for the respondents.
Allowing the petition, the High Court quashed the detention order and directed the authorities to release Lone forthwith, provided he was not required in any other case.
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