Mumtaz Ahmed Th. Nisar Ahmed vs Ut Of J&K And Others on 25 March, 2026

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    Jammu & Kashmir High Court

    Mumtaz Ahmed Th. Nisar Ahmed vs Ut Of J&K And Others on 25 March, 2026

    Author: Rajnesh Oswal

    Bench: Rajnesh Oswal

    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                              Case No: LPA No. 83/2025
                                     (in HCP No.118/2024)
    
                                                  Reserved on: 11.02.202
                                                 Pronounced on: 25.03.2026
                                                Uploaded on:    25.03.2026
                                              Whether the operative part or
                                        full Judgment is pronounced : Full
    
    Mumtaz Ahmed Th. Nisar Ahmed
    
                                               ...Petitioner(s)/Appellant(s)
    
                       Through:       Mr. Sunil Sethi, Sr. Advocate with
                                      Mr. Lawanya Sharma, Advocate
    
                                   Vs
    
    UT of J&K and others
                                                 ..... Respondent(s)
    
                      Through:        Mrs. Monika Kohli, Sr. AAG
    
    
    CORAM: HON'BLE THE CHIEF JUSTICE
           HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
    
                                    JUDGMENT
    

    PER OSWAL-J

    1. The appellant came to be detained pursuant to Order No.

    SPONSORED

    17/DMP/PSA of 2024 dated 26.07.2024, issued by the District

    Magistrate, Poonch (respondent No. 2), in exercise of powers under

    Section 8 of the Jammu & Kashmir Public Safety Act, 1978

    (hereinafter referred to as “the Act”), with a view to prevent him

    from acting in any manner prejudicial to the security of the State of

    India as well as the Union Territory of Jammu & Kashmir.

    LPA No. 83/2025 Page 1 of 8

    2. The appellant challenged the aforesaid order of detention through

    the medium of HCP No. 118/2024 titled ‘Mumtaz Ahmed S/o Nisar

    Ahmed v. Union Territory of J&K and others‘, however, he could

    not succeed, as the learned Writ Court dismissed the petition vide

    judgment dated 07.04.2025 (hereinafter referred to as the

    “impugned judgment”).

    3. Aggrieved by the impugned judgment dated 07.04.2025, the

    appellant challenges the same on grounds identical to those urged

    before the Writ Court. During submissions, Mr. Sunil Sethi, learned

    Senior Counsel for the appellant, confined the challenge to two

    specific grounds: first, that the appellant was not supplied with the

    complete material relied upon by the detaining authority; and

    second, that the grounds of detention are a verbatim reproduction of

    the dossier, reflecting a non-application of mind. In support of these

    contentions, learned Senior Counsel relied upon the judgment of

    this Court in ‘Mohd. Riaz Malik v. UT of J&K and others‘ (LPA

    No. 228/2025, decided on 05.02.2026).

    4. Per contra, Mrs. Kohli, learned Senior AAG, argued that the

    appellant’s role as an Over Ground Worker (OGW) made him a key

    operative for terror groups in District Poonch. The UT’s contention

    is that he actively facilitated logistical support and leaked sensitive

    information regarding security force movements. Mrs. Kohli

    submitted that the detention order was a necessary and valid

    response to these illegal activities. Furthermore, she asserted that

    the respondents complied with every procedural safeguard

    LPA No. 83/2025 Page 2 of 8
    mandated by the Constitution and the J&K Public Safety Act. As

    the learned Writ Court correctly rejected the appellant’s previous

    contentions, the impugned judgment remains legally sound and

    does not merit interference.

    5. Heard learned counsel appearing for the parties and perused the

    record.

    6. Before evaluating the contentions raised by the appellant, it is

    necessary to outline the allegations leveled against him. Respondent

    No. 2 states that the appellant is an Over Ground Worker (OGW)

    for the banned outfit Jaish-e-Mohammad and consistently receives

    instructions from a wanted terrorist operative, Haq Nawaz (S/O

    Mohd Arif, R/O Salwah Mendhar). The said operative is currently

    evading arrest in FIR No. 42/2023 under Sections 302, 307, 120-B,

    121, 122, 436 IPC; 3/4 ESA; 7/25/26/27 Arms Act; and 16/18/20

    UA(P) Act, of Police Station Gursai, and is reportedly based in

    Saudi Arabia. This case pertains to the terrorist attack on an Army

    vehicle at Tota Wali Gali on 20.04.2023, which resulted in the

    martyrdom of five Army personnel.

    7. It is further stated that intelligence suggests the appellant

    communicates with terrorist handlers via sophisticated, encrypted

    technologies, complicating surveillance efforts. Furthermore, the

    appellant is son-in-law of another OGW, Mohd. Shabir and

    voluntarily assists terrorists operating in the District Poonch. He is

    alleged to have regularly provided information on security force

    movements and facilitated the logistics and transportation of arms

    LPA No. 83/2025 Page 3 of 8
    and ammunition. Consequently, the appellant’s activities are

    characterized as posing a direct threat to national security and the

    security of the Union Territory of Jammu & Kashmir.

    8. Having taken into consideration the alleged illegal activities

    attributed to the appellant, respondent No. 2 proceeded to issue the

    order of detention. The detention record, produced by Mrs. Kohli,

    learned Senior AAG, reveals that at the time of execution of the

    detention order on 29.07.2024, the appellant was furnished with the

    following documents: the detention order (01 leaf), notice of

    detention (01 leaf), grounds of detention (03 leaves), and dossier of

    detention (05 leaves). The record further reflects that the appellant

    acknowledged receipt of the said documents by appending his

    signature on the Execution Report. Similarly, the appellant has also

    appended his signatures in English on the receipt of the grounds of

    detention and other relevant documents. The detention record

    produced before this Court further reveals that the detaining

    authority arrived at its subjective satisfaction on the basis of the

    dossier and the report of the District Special Branch (DSB). A

    perusal of the said report indicates that the allegations have been

    levelled against the appellant, inter alia, that he was providing

    logistic support to the militants.

    9. As noted above, Mr. Sunil Sethi, learned Senior Counsel for the

    appellant, has confined the challenge to both the impugned

    judgment and the detention order to two specific grounds: (i) that

    the appellant was not furnished with the complete material i.e. 10

    LPA No. 83/2025 Page 4 of 8
    FIRs mentioned in the grounds of detention and dossier, relied upon

    by the detaining authority while issuing the order of detention; and

    (ii) that the grounds of detention are a verbatim reproduction of the

    dossier, thereby vitiating the order for non-application of mind.

    10.The first contention raised on behalf of the appellant is that the non-

    furnishing of the entire material relied upon by the detaining

    authority vitiates the detention order. However, as noted above,

    Respondent No. 2 derived his subjective satisfaction strictly from

    the dossier and the special report submitted by the District Special

    Branch (DSB). It was solely upon consideration of this material that

    the impugned order was issued. Regarding the appellant’s grievance

    over the non-production of the FIRs mentioned in the grounds of

    detention, we find that these FIRs were referenced merely to

    recount the history of terrorist attacks in District Poonch. Crucially,

    all material actually relied upon by the detaining authority, with the

    exception of the privileged intelligence report, was duly provided to

    the appellant.

    11.It must be noted that OGWs of terrorists organisations act with a

    level of secrecy that often shields their illegal activities from

    immediate detection. Their role is foundational; the continued

    presence of militants in difficult terrain is simply not sustainable

    without the active support and network provided by OGWs.

    Recognition must be given to the fact that the activities of Over

    Ground Workers are primarily identified through intelligence

    reports. Direct evidence is rarely forthcoming due to the secretive

    LPA No. 83/2025 Page 5 of 8
    nature and specific mode of operation adopted by these workers to

    shield their illegal actions.

    12.Learned writ court has relied upon the judgment of the Hon’ble

    Supreme Court in Wasi-ud-din Ahmed vs. D.M. Aligarh (1981)

    4 SCC 521 and that of the co-ordinate bench of this court in Mian

    Abdul Qayoom Vs. UT of J&K and others, 2020(4) JKJ (HC)

    127 to hold that the special report prepared by the District Special

    Branch pertains to intelligence report and was not required to be

    provided to appellant in light of statutory provision contained in the

    Act that vests power with the detaining authority to withhold the

    facts, disclosure of which would be against public interest.

    In ‘Wasiuddin Ahmed v. D.M., (1981) 4 SCC 521’, the Hon’ble

    Supreme Court has observed as under:

    21. No doubt, the constitutional imperatives of Article
    22(5)
    enjoin the disclosure of all the basic facts and
    materials which have been taken into account by the
    detaining authority in making the order of detention,
    but this right of the detenu is subject to the provisions
    of Article 22(6). Article 22(6) of the Constitution
    provides that nothing in clause (5) shall require an
    authority making an order of detention, to disclose
    facts which such authority considers to be against the
    public interest. Under Article 22(6), the District
    Magistrate was, therefore, not bound to disclose the
    intelligence reports and it was also not necessary for
    him to supply the history-sheet, if any. In Khudiram
    Das v. State of West Bengal
    the Court, in somewhat similar
    circumstances, held that the non-disclosure of the history-

    sheet had not the effect of invalidating the order of
    detention.

    (emphasis added)

    13.Section 13 of J&K Public Safety Act provides that the grounds of

    detention must be disclosed to the detenu as soon as possible, but

    ordinarily not later than five days and in exceptional circumstances

    and for reasons to be recorded in writing, not later than ten days

    LPA No. 83/2025 Page 6 of 8
    from the date of detention. The grounds of detention were served

    upon the appellant when he was detained on 29.07.2024 pursuant to

    the order of detention. Sub-section 2 of section 13 exempts the

    detaining authority to disclose facts which it considers to be against

    the public interest to disclose. Mrs. Kohli, learned Senior counsel is

    correct in her submission that in view of the provisions contained in

    Section 13 (2) of the Act that the intelligence report of District

    Special Branch was not provided to the appellant as it would have

    compromised the public interest.

    14.In view of the aforesaid legal position, we do not find any merit in

    the submission advanced on behalf of the appellant that the

    complete material relied upon by the detaining authority was not

    furnished to him, thereby depriving him of his valuable right to

    make an effective representation. Accordingly, the said contention

    is rejected.

    15.The final ground urged by Mr. Sethi, learned Senior Counsel for the

    appellant, is that the grounds of detention are a mere replica of the

    dossier, thereby reflecting a non-application of mind by the

    detaining authority. We have carefully examined the grounds of

    detention alongside the dossier and the detention order. While

    certain factual similarities are inevitable when both documents arise

    from the same set of allegations, we do not find the grounds to be a

    verbatim reproduction of the dossier. The learned Writ Court, upon

    a similar comparison, reached the same conclusion. Consequently,

    the judgment relied upon by the appellant is factually

    LPA No. 83/2025 Page 7 of 8
    distinguishable and fails to advance the case of appellant, especially

    given our finding that the grounds of detention were independently

    formulated.

    16.We have carefully examined the impugned judgment and find no

    illegality, infirmity, or impropriety therein warranting interference

    by this Court. The judgment rendered by the learned Writ Court is

    well-reasoned and in accordance with law. Accordingly, the appeal

    is dismissed, along with all connected CM(s), if any.

                                    (Rajnesh Oswal)               (Arun Palli)
                                        Judge                     Chief Justice
    Jammu
    25.03.2026
    Madan Verma-Secy
    
    
    
                             Whether order is speaking?       Yes
                             Whether order is reportable?     Yes
    
    
    
    
    LPA No. 83/2025                                                Page 8 of 8
     



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