HC quashes fresh PSA detention order based on old grounds
19/04/2026
Jammu, Apr 18: The High Court of Jammu & Kashmir and Ladakh has quashed a fresh preventive detention order issued under the Public Safety Act (PSA) against a Ganderbalresident, holding that the authorities relied on substantially the same grounds that had earlier been set aside by the court.
Justice M. A. Chowdhary passed the order in a habeas corpus petition filed by Arshid Ahmad Khan alias Abu Musa, challenging detention order No. 01-DMG-PSA-2025 dated April 5, 2025, issued by the District Magistrate, Ganderbal under Section 8 of the Jammu & Kashmir Public Safety Act, 1978.
The petitioner, through counsel N.A. Tabasum, contended that the fresh detention order was based on identical allegations and material that had formed the basis of an earlier PSA detention order issued in 2023, which was quashed by the High Court on October 14, 2024.
It was argued that no new grounds or fresh material had emerged to justify the issuance of a second detention order and that the action of the authorities amounted to a colourable exercise of power.
Opposing the plea, the respondents, represented by Government Advocate Wase-em Gull, defended the detention and sought to justify the order on security considerations.
After examining the record, the court found that the impugned detention order was indeed founded on the same set of allegations, including reliance on FIR No. 199/2020 of Police Station Ganderbal registered under provisions of the Unlawful Activities (Prevention) Act and the Arms Act.
The court observed that once an earlier detention order has been quashed, the same grounds cannot be reused to pass a fresh detention order unless there are fresh facts or new material warranting such action.
Relying on the Supreme Court's ruling in Chhagan Bagwan Kahar v. N.L. Kalna, the High Court reiterated that grounds of detention, once invalidated, stand nullified and cannot be taken into account, wholly or partly, for deriving subjective satisfaction for a subsequent detention order.
Holding the fresh PSA order to be legally unsustainable, the court allowed the petition and quashed the detention. It directed that the detenue be released from preventive custody forthwith, provided he is not required in connection with any other case.
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