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| Stale cases can't justify fresh PSA detention: HC | | | Early Times Report
JAMMU, Oct 5: The High Court of Jammu & Kashmir and Ladakh has quashed Public Safety Act (PSA) detention orders against two Pulwama residents after finding that old criminal cases, without any proximate or fresh material, could not by themselves justify subsequent preventive detention.
A Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani passed the judgments in separate Letters Patent Appeals filed by Aabid Majeed Sheikh of Dadasara, Tral, and Sami Ullah Dar of Dogripora, Awantipora. Both judgments were pronounced on October 1.
In Sheikh's case, the appeal challenged a Single Bench judgment which had upheld his detention under Section 8 of the J&K Public Safety Act. The detention order had been passed by the District Magistrate, Pulwama, on May 3, 2025.
The Division Bench noted that the criminal cases relied upon by the authorities related to the years 2016, 2018 and 2020, and that Sheikh had been granted bail in those cases. The Court found no proximity or "live-link" between the last alleged incident of 2020 and the need to invoke preventive detention nearly five years later in May 2025. It also noted that nothing specific and concrete had been placed on record regarding his involvement in any subsequent activity after release in the 2020 case.
The Bench observed that although past conduct may form the basis for preventive detention, such material must have a rational and proximate connection with the apprehended future conduct. Long and unexplained gaps require closer judicial scrutiny to determine whether the causal connection has snapped.
Allowing Sheikh's appeal, the Court set aside the Single Bench judgment dated November 21, 2025 and quashed the PSA detention order dated May 3, 2025. It directed that Aabid Majeed Sheikh be released from preventive detention, if not already released.
In the second case, Sami Ullah Dar had been detained under the PSA through an order dated September 9, 2024. His detention was based substantially on two FIRs registered in 2018 at Police Station Awantipora and Police Station Kralgund, Handwara.
The High Court noted that Dar had been granted bail in both cases and that the authorities had neither challenged nor sought cancellation of those bail orders. It further observed that the detention grounds did not refer to any subsequent act showing violation of bail conditions or bonds furnished for maintaining good behaviour.
The Bench held that a detention order founded on vague allegations merely to meet apprehensions is not justified in law and noted that no specific or concrete material had been placed on record concerning Dar's alleged involvement after his release in 2018.
The Court also found that the detention grounds appeared to be a "ditto" or verbatim reproduction of the police dossier, observing that independent application of mind by the detaining authority is essential before exercising the extraordinary power of preventive detention.
Allowing Dar's appeal, the Division Bench set aside the earlier Single Bench judgment and quashed the September 9, 2024 PSA detention order passed by the District Magistrate, Pulwama. It directed Sami Ullah Dar's release from preventive detention, if not already released, and ordered return of the detention record.
The two judgments reiterate that while preventive detention is meant to avert anticipated prejudicial activity rather than punish past conduct, stale incidents, vague assertions and absence of a continuing live-link cannot substitute the material and constitutional safeguards required to curtail personal liberty.
(JNF) |
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