Aqib Mushtaq Lone vs Union Territory Of J&K And Ors on 13 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Aqib Mushtaq Lone vs Union Territory Of J&K And Ors on 13 July, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
    
                           HCP No. 111/2025
    
    
                                           Pronounced on: 13.07.2026
    
    
    Aqib Mushtaq Lone
                                                     ...Petitioner(s)
    
    
    Through:   Mr. Wajid Mohammad Haseeb, Advocate
    
    
                                     Vs.
    
    Union Territory of J&K and Ors.
                                                   ...Respondent(s)
    
    Through:   Mr. Bikram Deep Singh, Dy. AG
    
    CORAM:
           HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
    
    
                               JUDGMENT
    

    1. Heard learned counsel for the petitioner as well

    as learned counsel for the respondents.

    SPONSORED

    2. Perused the writ pleadings and documents

    annexed therewith. Also examined the detention

    record produced from the end of the respondents

    relating to the petitioner’s detention.

    3. With a grievance that the preventive detention

    custody imposed against him is arbitrary and illegal,

    HCP No. 111/2025 Page 1 of 12
    the petitioner-Aqib Mushtaq Lone, acting through his

    father Mushtaq Ahmad Lone, came up with institution

    of present writ petition on 15.05.2025 seeking

    restoration of his personal liberty to be granted by this

    court by issuance of a writ of habeas corpus.

    4. The situation preceding to present second time

    preventive detention of the petitioner is that the

    respondent No.3-Senior Superintendent of Police,

    (SSP), Shopian had prepared a dossier No. CS/D-

    1/2022/6695 dated 24.08.2022 submitted to the

    respondent No.2-District Magistrate, Shopian for

    effecting preventive detention of the petitioner under

    J&K Public Safety Act, 1978.

    5. In the dossier, the petitioner came to be

    projected and profiled in two shades.

    6. One shade by reference to his criminal

    antecedents in terms of his involvement in criminal

    cases borne out of FIR No. 14 of 2022 registered by

    the Police Station, Zainapora for alleged commission of

    offences under Section 18 & 39 of Unlawful Activities

    (Prevention) Act, 1967 and FIR No. 15 of 2022 of

    HCP No. 111/2025 Page 2 of 12
    Police Station, Zainapora for offences under section

    307 IPC read with section 7/27 Arms Act, 1959 and

    sections 16/19/20/38 Unlawful Activities (Prevention)

    Act, 1967.

    7. The other shade of the petitioner’s profile being

    that the petitioner is arrested by secessionist ideology

    for serving which the petitioner is said to be involved

    in misguiding the youth to join militancy and himself

    being an active OGW of a terrorist namely Abdul

    Qayoom Dar of LET outfit, who was killed in anti-

    militancy operation conducted in village Cheermarg

    Zainapora, Shopian on 19.02.2022. As an OGW, the

    petitioner is said to be providing along with others all

    necessary support like guiding the militant movements

    through safe passages, carrying their weapons from

    one place to another, providing of transport facility as

    and when required so on so forth. Thus, in order to

    keep a cap on the alleged state of activities of the

    petitioner, the petitioner was recommended to be

    subjected to preventive detention custody by the

    HCP No. 111/2025 Page 3 of 12
    respondent No.3-Senior Superintendent of Police,

    (SSP), Shopian.

    8. Acting upon the said dossier, the respondent

    No.2-District Magistrate, Shopian had come forward

    with the word to word reproduction of the dossier to

    formulate grounds of detention thereby drawing a

    subjective satisfaction that a case for preventive

    detention of the petitioner was made out resulting in

    issuance of detention order No. 148/DMS/PSA/2022

    dated 25.08.2022 declaring petitioner’s state of

    activities being prejudicial to the security of the State

    (UT) requiring his preventive detention and

    confinement in District Jail, Baramulla.

    9. The petitioner came to serve full two years term

    of his first preventive detention custody

    notwithstanding the fact that he had questioned it in a

    writ petition WP(Crl) No. 644/2022 which by efflux of

    time was rendered infructuous on account of the

    petitioner having served full two years detention

    custody w.e.f. 30.08.2022.

    HCP No. 111/2025 Page 4 of 12

    10. By following the same route of a dossier against

    the petitioner with the repeat of the same narrative as

    set out in the aforesaid first dossier, the respondent

    No.3-Senior Superintendent of Police, (SSP), Shopian

    by virtue of a dossier No. PSA-Cell/ SPN/ 2025/

    20513-15 dated 02.05.2025 again recommended

    slapping of a preventive detention custody upon the

    petitioner which came to be obliged readily by the

    respondent No.2-District Magistrate, Shopian by

    formulating purported grounds of detention and on

    that basis passing detention order No. 10/DMS/PSA

    of 2025 dated 03.05.2025.

    11. The preventive detention order came to be

    approved by the Home Department, Government of UT

    of J&K by issuance of a Government Order No.

    Home/PB-V/850 of 2025 dated 08.05.2025 after the

    petitioner had come to be taken into custody on

    06.05.2025 with the detention warrant executed by

    Inspector Showkat Ahmad of District Police Line,

    Shopian, who is said to have carried out due

    compliance of the directions as well as procedure and

    HCP No. 111/2025 Page 5 of 12
    not only handing over to the petitioner a 22 leaves

    compilation of documents containing detention order,

    grounds of detention, notice of detention and dossier

    but also reading over the same in English language

    and explaining it to the petitioner in Urdu/Kashmiri

    understood by the petitioner fully. The petitioner also

    came to be apprised of his right to make a

    representation against his detention order to the

    detention making authority as well as to the

    Government.

    12. On behalf of the petitioner, his father Mushtaq

    Ahmad Lone, addressed a representation dated

    09.05.2025 to the respondent No.2-District

    Magistrate, Shopian thereby seeking revocation of the

    petitioner’s detention and said representation was duly

    acknowledged to have been received by ARA of District

    Magistrate Shopian’s Office.

    13. The petitioner’s case was forwarded to the

    Advisory Board which came up with its Opinion Report

    dated 26.05.2025 stating therein that there was a

    HCP No. 111/2025 Page 6 of 12
    justifiable basis for subjecting the petitioner to

    preventive detention.

    14. On the basis of the recommendation so made

    by the Advisory Board, the confirmation of the

    petitioner’s detention came to take place with the

    issuance of Government Order No. Home/PB-V/1099

    of 2025 dated 03.06.2025 by prescribing first phase

    of petitioner’s preventive detention custody for a period

    of six months w.e.f. 06.05.2025 till 05.11.2025 to

    remain lodged in the Central Jail Kot Bhalwal,

    Jammu.

    15. The said representation of the petitioner so

    submitted was forwarded by the respondent No.2-

    District Magistrate, Shopian to the Principal Secretary

    to Government Home Department UT of J&K by virtue

    of a communication No. DMS/ARA/2025/107 dated

    13.06.2025. In this communication, the respondent

    No.2-District Magistrate, Shopian is on record saying

    that the representation was received after confirmation

    order No. Home/PB-V/850 of 2025 dated

    08.05.2025 and, as such, was being forwarded from

    HCP No. 111/2025 Page 7 of 12
    his end to the end of Home Department to Government

    of UT of J&K.

    16. The petitioner has come forward assailing his

    preventive detention on a number of grounds as set

    out in para 3 (i) to (xiv).

    17. The respondents, on the other hand, through

    respondent No.2-the District Magistrate, Shopian have

    come forward with a counter affidavit to the writ

    petition defending the preventive detention imposed

    upon the petitioner by insisting that all the procedural

    compliances were meticulously carried out and

    defending the cause for slapping preventive detention

    upon the petitioner.

    18. This case should not tax this court to refer to

    the grounds of challenge as set out in the writ petition

    and the response thereto by the respondents as there

    is a fundamental flaw which is so patent on the record

    that the fate of this writ petition of the petitioner

    cannot be otherwise than that of being allowed and

    setting the petitioner free to his personal liberty.

    HCP No. 111/2025 Page 8 of 12

    19. It is a settled position of law that before the

    consideration of the Advisory Board taking place in the

    form of its Opinion Report of a representation from a

    detenu’s end comes to be in the hands of the detention

    order making authority or of the Government as the

    case may be, then the said representation needs to

    accompany the case file forwarded to the Advisory

    Board for its opinion so as to enable an Advisory Board

    a complete conspectus of the case before coming up

    with its opinion be it for or against the slapping of

    preventive detention custody upon a detenu.

    20. In the present case, the Advisory Board

    tendered its opinion on 26.05.2025 whereas the

    representation from the end of the petitioner was in

    the hands of respondent No.2-the District Magistrate,

    Shopian on 09.05.2025 and still that representation

    in cause was never ever forwarded from the end of the

    respondent No.2-the District Magistrate, Shopain or

    for that matter by the Home Department, Government

    of Union Territory of Jammu and Kashmir to the

    Advisory Board for its consideration for the reasons

    HCP No. 111/2025 Page 9 of 12
    which are not forthcoming from the detention record

    produced for the perusal of this Court.

    21. In fact, this Court is surprised to come across

    the mindset of respondent No.2-the District

    Magistrate, Shopian, who in his communication No.

    DMS/ARA/2025/107 dated 13.06.2025 addressed to

    Principal Secretary to Government, Home Department

    J&K in the context of forwarding of the petitioner’s

    representation is on record saying that the petitioner’s

    representation was received after the confirmation

    order passed by the Advisory Board vide Government

    Order No. Home/PB-V/850 of 2025 dated

    08.05.2025 which is quite a misplaced fact by its own

    reference as there is no such order No. Home/PB-

    V/850 of 2025 dated 08.05.2025 by the Advisory

    Board, and rather it is a Government Order whereby

    approval and not confirmation was granted to the

    detention order No.10/DMS/PSA of 2025 dated

    03.05.2025.

    22. Thus, wherefrom respondent No.2-the District

    Magistrate, Shopian was apprising the Principal

    HCP No. 111/2025 Page 10 of 12
    Secretary to Government, Home Department, Union

    Territory of J&K about the Advisory Board’s said order

    is again a matter of suspense known only to

    respondent No.2-the District Magistrate, Shopian, but

    the fact remains that the representation was very

    much available to be forwarded to the Advisory Board

    for its consideration but the same was kept withheld

    from being so forwarded which has resulted in a

    manifest failure of procedural compliances at the end

    of the respondent No.2-the District Magistrate,

    Shopian as well as of the Home Department,

    Government of Union Territory of J&K, rendering the

    preventive detention of the petitioner seriously flawed,

    if not originally, but in the course of the process

    whereby legitimacy is earned by preventive detention

    custody effected against a given detenu.

    23. In the light of the aforesaid serious flaw, this

    Court finds that the preventive detention of the

    petitioner is afflicted with an illegality which renders

    the very exercise a nullity.

    HCP No. 111/2025 Page 11 of 12

    24. Accordingly, the detention order No.

    10/DMS/PSA of 2025 dated 03.05.2025 passed by

    the respondent No.2-the District Magistrate, Shopian

    read with approval/confirmation/extension order(s)

    passed by the respondent No.1 related to the petitioner

    are hereby quashed.

    25. The petitioner is directed to be restored to his

    personal liberty by his release from the concerned Jail

    wherever he is kept confined and to said effect, the

    Superintendent concerned Jail to act in compliance by

    release of the petitioner from the Jail custody.

    26. The detention record being in photostat form

    needs not be returned and is to be retained on the file.

    27. Disposed of.

    (RAHUL BHARTI)
    JUDGE
    SRINAGAR:

    13.07.2026
    “Manzoor”

    Whether the judgment is speaking : Yes / No
    Whether the judgment is reportable : Yes / No

    HCP No. 111/2025 Page 12 of 12



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