Mudasir Ahmad Bhat vs Union Territory Of J&K And Others on 12 March, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Mudasir Ahmad Bhat vs Union Territory Of J&K And Others on 12 March, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
    
                                                   Reserved on :   09.02.2026
                                               Pronounced on :     12 .03.2026
                                                  Uploaded on :       .03.2026
    HCP No. 147/2025
    
    
    Mudasir Ahmad Bhat
                                                              .....Petitioner
    
                          Through: Mr. Zamir Abdullah, Advocate with
                                   Mr. Zahir Abdullah, Advocate
    
                 Vs
    Union Territory of J&K and others
    
    
                                                          ..... Respondents
    
                          Through: Mr. Furqan Yaqoob, GA
    CORAM:
                       HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                 JUDGMENT
    

    01. Heard learned counsel for the petitioner as well

    for the respondents. Perused the pleadings i.e. the writ

    SPONSORED

    petition and the annexures therewith as well as the

    counter affidavit. Detention record produced from the end

    of the respondents by Mr. Furqan Yaqoob, learned GA

    also examined.

    02. The best opening which adjudication of this case

    deserves to be put at first is the ever awakening words of

    renowned Scientist Albert Einstein saying that

    HCP No. 147/2025 Page 1 of 15
    “Whoever is careless with the truth in small matters

    cannot be trusted with the important matters.”

    03. Exercise of jurisdiction under the Jammu &

    Kashmir Public Safety Act, 1978 is constitutionally meant

    and understood to be very serious jurisdiction which

    admits of no carelessness on the part of its handlers at

    any stage of but in the present case the respondents No.

    1 to 3 are found to be acting in converse to the aforesaid

    saying of Mr. Albert Einstein.

    04. This is a writ petition under article 226 of the

    Constitution of India filed on 27.05.2025 by the

    petitioner- Mudasir Ahmad Bhat, acting through his wife

    Mst. Shagufta Akhter, thereby seeking a writ of habeas

    corpus for quashment of preventive detention which

    came to be inflicted upon the petitioner by the

    respondent No. 2 – District Magistrate, Pulwama

    purportedly acting in exercise of jurisdiction under

    section 8 of the Jammu & Kashmir Public Safety Act,

    1978 which resulted in curtailment of personal liberty of

    the petitioner with effect from 01.05.2025 when the

    petitioner came to be allegedly arrested and detained and

    HCP No. 147/2025 Page 2 of 15
    continues to be so till coming of adjudication of this writ

    petition.

    05. Sr. Superintendent of Police (SSP), Pulwama, by

    virtue of his letter No. CS/PSA/25/25-28 dated

    28.04.2025, came to lay a dossier with respect to the

    petitioner thereby purportedly projecting before the

    respondent No. 2 – District Magistrate, Pulwama alleged

    state of activities of and on the part of the petitioner

    which were read and reckoned by the District Police as

    needed to be checked so as to prevent the petitioner from

    disturbing peace and carrying out further anti-national

    activities which warrant the preventive detention of the

    petitioner under the Jammu & Kashmir Public Safety

    Act, 1978 purely in the interest of security of the

    Country/Union Territory of Jammu & Kashmir.

    06. In the dossier, Sr. Superintendent of Police

    (SSP), Pulwama came to refer the petitioner working as a

    salesman in a tin shop at Main Market, Pulwama and in

    his course of working and occupation getting in contact

    with anti-national workers, some killed terrorists and

    getting himself engaged in subversive/anti-national

    activities.

    HCP No. 147/2025 Page 3 of 15

    07. The petitioner was also referred to be a working

    potential OGW of active terrorist, namely, Ehsan-ul-Haq,

    providing all logistic support to him as well as to other

    terrorists whose floating movements were being observed

    in District Pulwama especially in Mitrigam area and

    providing them information about movement of Security

    Forces.

    08. The petitioner was also reported to be luring

    young generation to get them engaged in anti-national

    activities and to join terrorist rank through his

    supporters.

    09. In order to check the aforesaid alleged reported

    activities of the petitioner, he is said to have been called

    by the concerned Police Station twice on 28.02.2025 and

    23.04.2025 by reference to authority under section

    126/170 of BNSS but despite that the field reports

    provided that the petitioner was still providing all sort of

    assistance to active (local/FT) terrorists on account of

    being highly radicalized and sympathizer to terrorists

    having natural tendency to support terrorists engrossed

    in making unswerving efforts to influence the gullible

    minds of youngsters and make them to support the
    HCP No. 147/2025 Page 4 of 15
    terrorists and terrorist organizations in order to promote

    the terrorism by every possible means with an aim to

    prepare the youth to join different terrorists folds in order

    to strengthen and revive their lost strength which

    otherwise has been crippled over past few years to create

    uncertainty in Kashmir Valley especially in Pulwama

    (Mitrigam area).

    10. With aforesaid profiling and caricaturing of the

    petitioner in the dossier, Sr. Superintendent of Police

    (SSP), Pulwama solicited the preventive detention of the

    petitioner by issuance of an order from the respondent

    No. 2 – District Magistrate, Pulwama who, in turn on the

    basis of purported subjective satisfaction as formulated

    in the grounds of detention, came to hold that the

    petitioner’s activities run heavily against him and highly

    prejudicial to the security of the State thereby warranting

    the preventive detention of the petitioner.

    11. The respondent No. 2 – District Magistrate,

    Pulwama, based upon his subjective satisfaction as

    formulated in the grounds of detention, passed detention

    order No. 12/DMP/PSA/25 dated 30.04.2025 thereby

    ordering the preventive detention of the petitioner and his
    HCP No. 147/2025 Page 5 of 15
    confinement in District Jail, Udhampur for a period to be

    specified by the Government.

    12. Co-inciding with issuance of aforesaid detention

    order, the respondent No. 2 – District Magistrate,

    Pulwama, by virtue of a communication No.

    DMP/PSA/25/ 34-36 dated 30.04.2025, meant to

    apprise the petitioner about passing of the detention

    order against him and his right to file a representation to

    the District Magistrate, Pulwama as well as to the

    Government.

    13. The detention order so issued against the

    petitioner came to be executed with alleged arrest of the

    petitioner purportedly taking place on 01.05.2025 when

    Sub Inspector Mohd. Yousuf, PID No. 911597/EXK of

    District Police Line, Pulwama detained the petitioner and

    handed over his person to the Superintendent District

    Jail, Udhampur on 01.05.2025 itself.

    14. The petitioner is said to have been handed over

    nine (9) leaves compilation comprising of Copy of warrant

    (1 leaf), Notice of detention (1 leaf), Grounds of detention

    HCP No. 147/2025 Page 6 of 15
    (2 leaves), Dossier (2 leaves), Copies of Istegasa (2 leaves),

    and Beat Report (1 leaf).

    15. In addition, the petitioner is said to have been

    read over and explained the contents of grounds of

    detention in Urdu as well as Kashmir language which is

    said to have been understood by him and also apprised of

    his right to make a representation to the Government.

    16. The aforesaid detention order so passed by the

    respondent No. 2 – District Magistrate, Pulwama came to

    be approved by issuance of Govt. Order No. Home/PB-

    V/876 of 2025 dated 08.05.2025 and the case referred

    to the Advisory Board for its opinion which came to be

    tendered on file No. Home/PB-V/207/2025 dated

    21.05.2025 with Advisory Board’s finding that the

    preventive detention of the petitioner is fully justified.

    17. It is at this stage of his detention that the

    petitioner had come forward with the present writ petition

    filed on 27.05.2025 assailing the exercise of jurisdiction

    at the end of the respondent No. 2 – District Magistrate,

    Pulwama in subjecting the petitioner to preventive

    detention and in this regard in writ petition in para 5,

    HCP No. 147/2025 Page 7 of 15
    grounds of challenge came to be set out in sub-para (a) to

    (x).

    18. By virtue of Govt. Order No. Home/PB-V/1053

    of 2025 dated 30.05.2025, the Govt. of UT of Jammu &

    Kashmir through its Home Department came to lend its

    confirmation to the preventive detention Order No.

    12/DMP/PSA/25 dated 30.04.2025 of the respondent

    No. 2 – District Magistrate, Pulwama, and came to

    prescribe six months’ of detention period of the petitioner

    with effect from 01.05.2025 to 31.10.2025.

    19. The petitioner came to submit a written

    representation dated 02.06.2025 thereby seeking

    recalling/ revocation of his preventive detention.

    20. This representation was duly received and

    acknowledged by the Home Department, Govt. of UT of

    Jammu & Kashmir against receipt No.

    Home/PS/K/25/122 dated 02.06.2025.

    21. From the end of the Home Department. Govt. of

    UT of Jammu & Kashmir, in terms of communication No.

    Home/PBV/207/ 2025 dated 06.06.2025, inputs were

    solicited from CID J&K in connection with the

    HCP No. 147/2025 Page 8 of 15
    consideration of representation of the petitioner so

    submitted.

    22. In response to aforesaid communication from

    the Home Department, Govt. of UT of Jammu & Kashmir,

    CID J&K, by virtue of its communication No.

    CID/SSP(A)/ BR/3-M/2018/PUL/3983 dated

    15.07.2025, came to tender its inputs for facilitating the

    Home Department, Govt. of UT of Jammu & Kashmir to

    accord consideration to the representation of the

    petitioner.

    23. Acting upon said inputs from CID J&K, the

    Home Department, Govt. of UT of Jammu & Kashmir by

    virtue of its communication No. Home/PB-V/207/2025/

    (76448645) dated 23.07.2025 came to apprise the

    respondent No. 2 – District Magistrate, Pulwama about

    the rejection of the petitioner’s representation being

    devoid of merit. Copy of this communication was

    addressed to the Superintendent District Jail, Udhampur

    with a direction to inform the petitioner regarding the

    instant disposal of his representation with a further

    direction to furnish copy of receipt/acknowledgment of

    said disposal duly signed by the petitioner to the
    HCP No. 147/2025 Page 9 of 15
    respondent No. 2 – District Magistrate, Pulwama as being

    the detaining authority and the Home Department, Govt.

    of UT of Jammu & Kashmir for the purpose of record

    without any fail.

    24. In response to aforesaid direction of the Home

    Department, Govt. of UT of Jammu & Kashmir meant

    upon him, the respondent No. 3 – Superintendent

    District Jail, Udhampur by virtue of its communication

    No. DJU/MS/25/7791-94 dated 25.07.2025 addressed

    to the Additional Secretary to Govt. of Jammu &

    Kashmir, Home Department came to apprise the

    petitioner about the disposal of his representation in

    terms of communication No. Home/PB-

    V/207/2025/(76448645) dated 23.07.2025.

    25. Counter affidavit to this petition came to be filed

    from the end of the respondent No. 2 – District

    Magistrate, Pulwama on 02.08.2025 whereafter this writ

    petition remained pending for hearing.

    26. In the course of this pendency, by virtue of

    Govt. Order No. Home/PB-V/1950/2025 dated

    28.10.2025 the petitioner’s detention period came to be

    HCP No. 147/2025 Page 10 of 15
    further extended by another six months to last till

    30.04.2026.

    27. It is aforesaid backdrop that this Court has

    come across with the adjudication of this writ petition

    when reference made in the very opening para of this

    judgment about the words of Albert Einstein come into

    play to expose in broad daylight the situation which can

    be summed up by observing that the respondents’ right

    hand not knowing what left hand is doing.

    28. In this regard, this Court’s attention is drawn to

    the discordance between the factual reference in the

    Dossier of Sr. Superintendent of Police (SSP), Pulwama

    and the Grounds of detention formulated by the

    respondent No. 2 – District Magistrate, Pulwama.

    29. In the Dossier, Sr. Superintendent of Police

    (SSP), Pulwama has referred to calling of the petitioner by

    a concerned police station twice on 28.02.2025 and

    23.04.2025 under section 126/170 BNSS, without

    divulging which police station and full form of BNSS

    meaning what, but be that as it may, the respondent No.

    2 – District Magistrate, Pulwama in his grounds of

    HCP No. 147/2025 Page 11 of 15
    detention refers to two different dates of concerned police

    station calling the petitioner under section 126/170

    BNSS and said two dates being 28.02.2025 and

    23.02.2025.

    30. It has bothered least the application of mind on

    the part of the respondent No. 2 – District Magistrate,

    Pulwama to read very draft of his grounds of detention to

    come across with an error that there was no such calling

    of the petitioner on 23.02.2025 reported in the dossier of

    the Sr. Superintendent of Police (SSP), Pulwama.

    31. In very opening para of the writ petition, the

    petitioner, acting through his wife, has come up with an

    assertion that the Police Station Pulwama, without any

    justification and cause, had arrested the petitioner on

    22.04.2025 which date at first glance left this Court

    speculating as to how the petitioner’s wife could come up

    with such a wild un-substantiated averment of petitioner

    being arrested on 22.04.2025 whereas the detention

    order against the petitioner came to be passed on

    30.04.2025 and actual arrest of the petitioner being

    reported on 01.05.2025. However, the truth comes

    sneaking out from the very correspondence of the
    HCP No. 147/2025 Page 12 of 15
    respondent No. 3 – Superintendent District Jail,

    Udhampur which is communication No.

    DJU/MS/25/7791-94 dated 25.07.2025 addressed to

    the Additional Secretary to Govt. of Jammu & Kashmir,

    Home Department wherein the respondent No. 3 –

    Superintendent District Jail, Udhampur is on record

    saying that the petitioner is lodged in District Jail,

    Udhampur with effect from 05.12.2024 meaning thereby

    even prior to date 22.04.2025 as asserted by the

    petitioner in his writ petition.

    32. Very disturbingly, the respondent No. 3 –

    Superintendent District Jail, Udhampur refers to the

    lodgment of the petitioner in District Jail, Udhampur with

    effect from 05.12.2024 under the J&K Public Safety Act,

    1978 by reference to the very impugned order of the

    respondent No. 2 – District Magistrate, Pulwama which is

    Order No. 12/DMP/PSA/25 dated 30.04.2025.

    33. Copy of aforesaid communication of the

    respondent No. 3 – Superintendent District Jail,

    Udhampur was duly addressed to the respondent No. 2 –

    District Magistrate, Pulwama as well.

    HCP No. 147/2025 Page 13 of 15

    34. Thus, it occurred to none i.e. Additional

    Secretary to Govt. of Jammu & Kashmir, Home

    Department as well as the respondent No. 2 – District

    Magistrate, Pulwama to bother their attention and

    concern by calling upon the respondent No. 3 –

    Superintendent District Jail, Udhampur as to on what

    basis he came to reflect the fact of petitioner’s lodgment

    in Jail with effect from 05.12.2024.

    35. The aforesaid scenario only reflects that there is

    no one at the end of the respondents bearing alertness

    and aliveness to the handling of preventive detention

    cases which seem to be left to be attended to by the

    subordinate staff at the disposal of Home Department,

    Govt. of UT of Jammu & Kashmir as well as District

    Magistracy otherwise it is inconceivable that glaring

    errors of such nature would have been spared attention

    and correction at the end of the respective respondents.

    36. This Court is holding back its further

    observations to come to a conclusion that the preventive

    detention inflicted upon the petitioner is painful and

    pinching to the very constitutional sensitivity with which

    HCP No. 147/2025 Page 14 of 15
    preventive detention jurisdiction is supposed to be

    exercised and carried out.

    37. In view of the aforesaid facts and circumstances,

    the preventive detention of the petitioner is hereby

    declared illegal rendering the impugned detention Order

    No. 12/DMP/PSA/25 dated 30.04.2025 passed by the

    respondent No. 2 – District Magistrate, Pulwama read

    with consequent approval/confirmation/extension orders

    passed by the Home Department, UT of Jammu &

    Kashmir which are also held and declared to be illegal

    and are, accordingly, quashed.

    38. The Superintendent District Jail, Udhampur is

    directed to restore the petitioner to his personal liberty

    forthwith.

    39. Disposed of.

    (RAHUL BHARTI)
    JUDGE
    SRINAGAR
    12 .03.2026
    “Opinder”

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

    HCP No. 147/2025 Page 15 of 15



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