Srinagar: The High Court of Indian illegally occupied Jammu and Kashmir (IIOJK) has quashed the preventive detention of a Kashmiri under the draconian Public Safety Act (PSA), ruling that the order was based on vague grounds and lacked proper reasoning.
According to Global Mirror, delivering the judgment, Justice Rahul Bharti, directed the immediate release of the detainee, Ehtesham-ul-Haq Dar, unless required in connection with any other case. The detention, issued in May 2025 by the District Magistrate of Bandipora, was primarily based on a police dossier alleging Dar’s involvement in activities harmful to public order.
However, the court found the material used to justify the detention insufficient and based on unfounded assumptions. It stated that the grounds for detention were merely a verbatim copy of the police dossier, with no independent reasoning from the authorities. The court described the detention order as “vague” and “conjectured,” emphasizing that preventive detention must be based on credible, substantial evidence.
The petitioner, Dar’s father, had challenged the order through a habeas corpus plea, leading to the court’s ruling that the detention was legally unsustainable.
“In light of the aforesaid, the preventive detention order… is held to be illegal and the same is hereby quashed,” the court ruled and directed Dar’s immediate release.
According to Global Mirror, delivering the judgment, Justice Rahul Bharti, directed the immediate release of the detainee, Ehtesham-ul-Haq Dar, unless required in connection with any other case. The detention, issued in May 2025 by the District Magistrate of Bandipora, was primarily based on a police dossier alleging Dar’s involvement in activities harmful to public order.
However, the court found the material used to justify the detention insufficient and based on unfounded assumptions. It stated that the grounds for detention were merely a verbatim copy of the police dossier, with no independent reasoning from the authorities. The court described the detention order as “vague” and “conjectured,” emphasizing that preventive detention must be based on credible, substantial evidence.
The petitioner, Dar’s father, had challenged the order through a habeas corpus plea, leading to the court’s ruling that the detention was legally unsustainable.
“In light of the aforesaid, the preventive detention order… is held to be illegal and the same is hereby quashed,” the court ruled and directed Dar’s immediate release.