Criminal offences cannot be camouflaged as public disorder to invoke PSA: HC

24/10/2026

SRINAGAR, Oct 23: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Kulgam resident under the Public Safety Act (PSA), holding that ted as threats to public order merely to justify preventive detention when the regular criminal justice system is sufficient to deal with them.
A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Mohd Yousuf Wani set aside the Single Bench judgment dated September 25, 2026, which had upheld the detention of Tariq Ahmad Dar, a resident of Raiwattan Asnoor, Mangam, Kulgam.
The case arose from detention order No. 07/DMK/PSA/2025, dated December 13, 2025, issued by the District Magistrate, Kulgam, under Section 8 of the Jammu and Kashmir Public Safety Act. The detention was based on allegations involving 11 criminal cases relating to cattle and sheep theft, housebreaking and trespass in Kulgam, Anantnag and Shopian districts.
The authorities maintained that the repeated incidents had created fear and insecurity among villagers, particularly those dependent on livestock for their livelihood.
Dar, through his wife Nahida Akhter, challenged the detention before the High Court. After his habeas corpus petition was dismissed, he filed a Letters Patent Appeal through Advocate Parvaiz Amin Wani.
The appellant's counsel argued that the allegations constituted ordinary criminal offences punishable under the Bharatiya Nyaya Sanhita and did not warrant preventive detention. He submitted that chargesheets had already been filed before competent criminal courts and that the appellant had been granted bail in the cases. The authorities, he argued, had failed to establish why ordinary criminal law was insufficient to deal with the allegations.
Opposing the appeal, Senior Additional Advocate General Mohsin S. Qadri, assisted by Maha Majeed, submitted that the repeated nature of the alleged offences and their impact on local communities justified preventive detention.
After examining the record and referring to several Supreme Court judgments, the Division Bench reiterated that a clear distinction must be maintained between ordinary breaches of law and order and activities prejudicial to public order.
The court observed that the alleged offences, though constituting violations of law, did not have the implication of disturbing social order required to sustain preventive detention under the PSA.
"The invocation of the provisions of the PSA to detain the appellant rather than to pursue the prosecution against him appears to be an unjustified exercise and abuse of process of law," the Bench observed.
It further held that the material placed before the detaining authority was insufficient to establish that the alleged activities were prejudicial to public order, indicating non-application of mind in passing the detention order.
The Bench emphasised that preventive detention must be exercised with utmost care and caution, as it curtails the fundamental right to personal liberty guaranteed under Article 21 of the Constitution.
At the same time, the court expressed concern over the repeated allegations of livestock theft and observed that prosecution agencies should bring relevant criminal antecedents to the notice of criminal courts while opposing bail applications.
Allowing the appeal, the Division Bench set aside the Single Bench judgment and quashed the detention order dated December 13, 2025. The authorities were directed to release Tariq Ahmad Dar forthwith from detention in the case.

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