Javid Ahmad Zargar vs Union Territory Of J And K And Others on 24 March, 2026

    0
    28
    ADVERTISEMENT

    Jammu & Kashmir High Court – Srinagar Bench

    Javid Ahmad Zargar vs Union Territory Of J And K And Others on 24 March, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

                                                              01
                                                              Regular
    
          IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT SRINAGAR
    
                        HCP 22/2026 CM(979/2026)
    
    JAVID AHMAD ZARGAR                                     ..... Petitioner(s)
    
                            Through:      Mr. Wajid Haseeb, Advocate.
    
                         V/s
    UNION TERRITORY OF J AND K AND OTHERS                  ..... Respondent(s)
                            Through:      Mr. Mohsin Qadiri, Sr. AAG with
                                       Ms. Maha Majeed, Assisting Counsel.
    Officer in Court:                  Mr. Nisar Ahmad, Dy. SP Hqrs. Kulgam
                                       Mr. Anwar Hussain, Sub Inspector
    
    Coram:
                 Hon'ble Mr. Justice Rahul Bharti, Judge
                                   ORDER
    

    24.03.2026

    1. In furtherance of order dated 06.03.2026, the petitioner-Javid

    SPONSORED

    Ahmad Zargar, as being detenu, has been brought in person by

    Sub Inspector Anwar Hussain from the District Police Line,

    Jammu. Mr. Nisar Ahmad, Dy. SP Hqrs. Kulgam is present also.

    2. The context in which this Court was constrained to direct

    personal appearance of the detenu is set out in the order dated

    06.03.2026 after having found that the impugned detention Order

    No. DIVCOM “K”/100/2024 dated 25.04.2024, pursuant to

    which the petitioner came to be taken into custody, is nothing but

    a sheer abuse of process of law originated by the Superintendent
    Page |2
    HCP 22/2026
    CM(979/2026

    of Police, Kulgam who took the liberty of even keeping the

    respondent No. 2-Divisional Commissioner, Kashmir uninformed

    about the fact that the petitioner was already in

    custody/confinement as an undertrial in connection with criminal

    case with respect to FIR No. 182/2023 registered by the Police

    Station, Kulgam before coming out upon acquittal in terms of

    judgment dated 10.02.2026 only to be taken into confinement

    again by reference to the impugned detention Order No.

    DIVCOM “K”/100/2024 dated 25.04.2024.

    3. By no stretch of factual and legal premise, this Court can allow

    the impugned detention Order No. DIVCOM “K”/100/2024

    dated 25.04.2024 to stay and survive otherwise this Court would

    become privy to trampling of a fundamental right of personal

    liberty of the petitioner at the hands of the respondents by

    resorting to preventive detention jurisdiction without any basis

    except ego satisfaction of the then Superintendent of Police,

    Kulgam who framed a dossier for subjecting the petitioner to

    preventive detention despite being fully aware and cognizant of

    the fact that the petitioner was not a free man at the relevant point

    of time so as to count his personal liberty status as prejudicial to
    Page |3
    HCP 22/2026
    CM(979/2026

    the intendment of Prevention of Illicit Traffic in Narcotic Drugs

    and Psychotropic Substances Act, 1988.

    4. In the aforesaid facts and circumstances of the case, this Court

    declares the custody of the petitioner to be illegal and restores him

    to his personal liberty forthwith from the court room itself.

    5. In case the petitioner is warranted in any pending criminal case,

    then the course of law would take its own effect.

    6. Disposed of as above.

    7. A copy of this order be provided to Mr. Mohsin Qadiri, learned

    Senior Additional Advocate General under the seal and signature

    of Bench Secretary of this court for the sake of notice of all

    concerned in particular at the end of the Superintendent, Central

    Jail, Kotbhalwal, Jammu.

    (Rahul Bharti)
    Judge

    SRINAGAR
    24.03.2026
    Aasif

    Whether the order is speaking Yes/No

    Whether the order is reportable Yes/No



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here