Jammu & Kashmir High Court – Srinagar Bench
Irfan Majeed Lone vs The Ut Of Jammu And Kashmir Through … on 4 May, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Reserved on : 03.04.2026
Pronounced on : 04.05.2026
HCP No. 119/2025
Irfan Majeed Lone, Aged - 36 years
S/o Abdul Majid Lone
R/o Logripora Zaingeer Sopore
through his father Abdul Majeed S/o Abdul Razak
.....Petitioner
Through: Mr. Arshad Andrabi, Advocate
Vs
1. The UT of Jammu and Kashmir through Principal Secretary (Home),
Civil Secretariat, Srinagar/ Jammu.
2. Deputy Commissioner/District Magistrate, District Baramulla.
3. Superintendent Kotbhalwal Jail, Jammu.
..... Respondents
Through: Mr. H. Aman Ali, Dy. AG
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGEMENT
01. Heard learned counsel for both sides.
02. Perused the writ petition and the annexures
therewith and also the counter affidavit filed in response.
03. The petitioner has challenged his preventive
detention which came to be ordered by virtue of an Order No.
04/DMB/PSA/2025 dated 28.04.2025 by the respondent
No. 2 – District Magistrate, Baramulla thereby reckoning the
HCP No. 119/2025 Page 1 of 3
alleged state of activities of the petitioner prejudicial to the
Maintenance of Public Order rendering it necessary to detain
the petitioner under the Jammu & Kashmir Public Safety Act,
1978.
04. On the basis of said detention order, the petitioner
came to be taken into preventive detention custody on
30.04.2025 and the detention order came to be approved by
the Govt. in terms of an Order No. Home/PB-V/757 of 2025
dated 05.05.2025 followed by Advisory Board’s opinion
report dated 22.05.2025 leading to passing of Govt. Order
No. Home/PB-V/1105 of 2025 dated 03.06.2025 followed
by further extension orders meant to last for full period of
one year which is coming to expire soon at the time of
hearing of this writ petition.
05. The petitioner has assailed his detention as illegal
as under the garb of reference to the criminal cases pending
against him, the petitioner has been handed over punitive
punishment under the garb of preventive detention.
06. A bare perusal of the grounds of detention
formulated by the respondent No. 2 – District Magistrate,
Baramulla would show that not only the alleged antecedents
HCP No. 119/2025 Page 2 of 3
of the petitioner forming basis for ordering his preventive
detention are stale on which there could not have been any
consideration for ordering preventive detention of the
petitioner but even those are in the realm of “Law and Order”
and not in the arena of “Maintenance of Public Order.”
07. In the light of aforesaid, this Court holds the
preventive detention of the petitioner illegal which warrants
to be set aside.
08. Accordingly, detention Order No.
04/DMB/PSA/2025 dated 28.04.2025 passed by the
respondent No. 2 – District Magistrate, Baramulla alongwith
approval/confirmation order passed by the Govt. of UT of
J&K through Home Department are set aside. The petitioner
is directed to be restored to his personal liberty by his
immediate release from the concerned jail for which the
Superintendent concerned to act in abidance.
09. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR
04.05.2026
Opinder
Whether the judgment is speaking : Yes / No
Whether the judgment is reportable : Yes / No
HCP No. 119/2025 Page 3 of 3
