HC upholds PSA detention of Pulwama man, cites threat to security of State
14/05/2026
SRINAGAR, May 13: The High Court of Jammu and Kashmir and Ladakh has upheld the preventive detention of a Pulw-ama resident under the Jammu and Kashmir Public Safety Act (PSA), observing that detention is justified where a person's activities are found prejudicial to the security of the State.
Justice M. A. Chowdhary dismissed a habeas corpus petition filed by Jahangir Ahmad Parray of Gulshan-pora, Tral, challenging his detention order issued by the District Magistrate, Pulwa-ma, on May 7, 2025 under Section 8 of the J&K Public Safety Act, 1978.
The petitioner had sought quashing of the detention order on the grounds that constitutional safe-guards were violated, relevant material was not supplied to him, the grounds of deten-tion were vague and based on stale allega-tions, and that his representation had not been considered.
The government opposed the plea, contending that preventive detention is preventive and not punitive in nature and is aimed at stopping activities prejudicial to public order and security of the State.
The High Court noted from the detention records that the detenue was allegedly involved in two cases registered under various provisions of the Unlawful Activities (Prevention) Act at Police Stations Awantipora and Tral.
According to the grounds of detention, the petitioner was alleged to have acted as an overground worker for banned militant outfits Hizbul Mujahideen and Jaish-e-Mohammad by providing shelter, food, clothing and logistical support to militants.
The court also recorded that after being released on bail, the detenue allegedly continued to engage in anti-national and subversive activities and had been apprehended several times in 2023 and 2024 under preventive provisions for disturbing peace in the area.
Rejecting the contention that detention material had not been furnished, the court observed that the detention order, grounds of detention, dossier and other relevant documents had been supplied to the detenue against proper receipt and were also explained to him in Urdu and Kashmiri languages.
The High Court held that the scope of judicial review in preventive detention matters is limited and courts cannot substitute their own opinion for the subjective satisfaction of the detaining authority if the material placed before it has a rational nexus with the object sought to be achieved.
The court also rejected the plea that the grounds were stale, observing that the allegations against the detenue related to continuing activities between 2020 and 2024.
Finding no illegality or procedural impropriety in the detention order, the High Court dismissed the petition and upheld the PSA detention.
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