Junaid Ahmad Bangroo vs Union Territory Of J & K And Ors on 31 March, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Junaid Ahmad Bangroo vs Union Territory Of J & K And Ors on 31 March, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                   HCP No. 132/2025
                                                   Reserved on:     09.02.2026
                                            Pronounced on           31. 03.2026
    
      JUNAID AHMAD BANGROO                                        ...Petitioner(s)
    
    
    
     Through: Mr. S. T. Hussain, Sr. Advocate with
              Ms. Nida Nazir, Advocate.
    
                                          Vs.
      UNION TERRITORY OF J & K AND ORS.                            ...Respondent(s)
    
     Through: None.
    
    
     CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                   JUDGMENT
    

    1. Heard learned Senior Advocate for the petitioner.

    2. Perused the writ petition along with the annexures thereto.

    SPONSORED

    Also perused the counter affidavit from the end of the

    respondents.

    3. The petitioner came forward with institution of present writ

    petition on 21st May 2025, acting through his brother,

    thereby seeking quashment of preventive detention Order No.

    DM/PSA/16/2025 dated 3rd May 2025 passed by the

    respondent No. 2-District Magistrate, Srinagar acting

    under the Jammu and Kashmir Public Safety Act, 1978

    ordering preventive detention of the petitioner for preventing

    him from acting in a manner prejudicial to the maintenance

    of security of the State.

    4. A case for seeking preventive detention of the petitioner was

    put forth by the Senior Superintendent of Police (SSP),

    Srinagar who, vide his letter No. LGL/Det/2025/14230-33

    dated 29th April 2025, had submitted a dossier with respect

    to the alleged state of activities of the petitioner reckoned by

    the District Police to be prejudicial to the maintenance of

    security of the State.

    5. In response to said dossier, the respondent No. 2-District

    Magistrate, Srinagar purportedly formulated grounds of

    detention on the basis whereof the respondent No. 2-District

    Magistrate Srinagar came up with purorted subjective

    satisfaction that the alleged reported activities of the

    petitioner were prejudicial to the security of the State

    warranting his preventive detention which led to the passing

    of detention Order No. DM/PSA/16/2025 dated 3rd May

    2025, thereby ordering the preventive detention and

    confinement of the petitioner in District Jail, Udhampur for a

    period to be notified by the Government.

    6. The detention order came to be executed when the petitioner

    was taken into custody by ASI Mohammad Shafi, PID No.

    ARP-876060 of Police Station Safakadal, Srinagar on

    5th May 2025.

    7. By virtue of Government Order No. Home/PB-V/873 of

    2025 dated 08.05.2025, preventive detention Order No.
    DM/PSA/16/2025 dated 3rd May 2025 came to be

    approved and the case then referred for the opinion of the

    Advisory Board.

    8. The dossier which formed the basis for the respondent No.

    2-District Magistrate, Srinagar to exercise jurisdiction under

    the J&K Public Safety Act, 1978 to order the preventive

    detention of the petitioner refers to the fact that petitioner is a

    cousin of an active terrorist namely Mehraj-ud-din

    Bangroo, and that he is deeply influenced by radical

    ideology by being in continuous touch with such elements

    who motivated him to indulge in anti-national activities

    bearing a direct threat to the security of the Union Territory

    of Jammu and Kashmir.

    9. The petitioner is said to have been rapidly motivated to

    indulge in anti-national activities provoking general masses,

    especially youth of downtown areas and its adjacent areas

    towards unlawful activities in a very short span of time, and

    thus becoming an incorrigible anti-national element of his

    area.

    10. By reference to his reported alleged state of activities and

    bent of mind, the dossier refers to the fact that the petitioner

    was also previously subjected to preventive detention custody

    vide order No. DM/PSA/24/2024 dated 9th September 2024

    passed under the Jammu and Kashmir Public Safety Act,
    1978
    , which came to be questioned by him before this Court

    in writ petition WP(Crl) No. 308/2024, which came to be

    allowed in terms of judgment dated 24th December 2024,

    resulting in his release from preventive detention custody,

    but the petitioner again allegedly relapsed to anti-national

    activities by not mending his ways despite being given many

    opportunities with the hope of the petitioner living a normal

    life, as a result whereof, the petitioner came to be subjected to

    repeated preventive proceedings under Sections 126/170

    BNS and 107/151 CrPC, in which regard, the dossier recites

    proceedings dated 10th May 2024, 23rd April 2024, 5th August

    2024, 23rd August 2024, 24th April 2024, 29th August 2024,

    11th April 2025, and 18th March 2025.

    11. The grounds of detention formulated by the respondent No.

    2-District Magistrate Srinagar literally follows text track of

    the dossier except for last two paragraphs wherefrom the

    respondent No. 2-District Magistrate Srinagar is coming forth

    with the purported subjective satisfaction that the petitioners’

    alleged activities make out a case for his preventive detention

    and with a same stroke of pen in formulating grounds of

    detention the activities of the petitioner are found to be

    adverse with respect to maintenance of public order but the

    detention is being referred to the security of the State

    scenario and it is this inherent illegality which renders the
    very application of mind of the respondent No. 2-District

    Magistrate Srinagar seriously suspect as to whether the

    respondent No. 2-District Magistrate Srinagar is himself the

    thinker and author of the grounds of detention or the same

    have been worked out by the assignor to whom the file was

    assigned by the respondent No. 2-District Magistrate

    Srinagar.

    12. In the light of the aforesaid inherent infirmity with respect to

    the very grounds of detention so formulated by the

    respondent No. 2-District Magistrate Srinagar the passing of

    impugned preventive detention order No. DM/PSA/16/2025

    dated 3rd May 2025 is rendered illegal and cannot escape

    from suffering quashment and is accordingly quashed.

    13. The petitioner is directed to be restored to his personal liberty

    forthwith by the Superintendent of concerned Jail wherefrom

    the petitioner is being kept in confinement in terms of the

    detention order hereby quashed.

    14. Disposed of.

    ;

    (RAHUL BHARTI)
    JUDGE
    SRINAGAR
    31.03.2026
    Hilal

    Whether the judgment is speaking? Yes



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