Sehran Bashir Nadaf vs Union Territory Of J&K And Others on 25 March, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Sehran Bashir Nadaf vs Union Territory Of J&K And Others on 25 March, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

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     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
    
                                             Reserved on: 26.02.2026
                                            Pronounced on: 25.03.2026
    HCP No. 226/2025
    
    Sehran Bashir Nadaf
                                                      .....Petitioners
    
                     Through: Mr. Syed Sajad Geelani, Advocate
    
                 Vs.
    
    Union Territory of J&K and Others
                                                     .....Respondents
    
                     Through: Mr. Ilyas Laway, GA.
    Coram :    HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                              JUDGMENT
    

    1. Heard learned counsel for both sides.

    2. Perused the pleadings and also the detention

    SPONSORED

    record.

    3. The petitioner-Sehran Bashir Nadaf, a 19 years’

    young boy, acting through his mother-Nayeema

    Akther, petitioned this Court on 17.06.2025 with

    present writ of habeas corpus for seeking

    quashment of preventive detention order slapped

    upon him under the J&K Public Safety Act, 1978

    with a purported end and objective to prevent him

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    acting in a manner prejudicial to the security of

    State/UT of J&K.

    4. The respondent No.2-District Magistrate,

    Anantnag was approached by the Senior

    Superintendent of Police (SSP), Anantnag with a

    dossier submitted through a letter No.

    CS/71/2025/7079-84 dated 13.05.2025

    wherein a case was put up for seeking preventive

    detention custody of the petitioner on the alleged

    state of activities of the petitioner being reckoned

    by the District Police to be prejudicial to the

    security of the State.

    5. The dossier so submitted by the Senior

    Superintendent of Police (SSP), Anantnag was

    eighteen pages compilation bearing purported

    recitals that the petitioner was a 12th Standard

    student who was preparing for NEET examination

    through Online mode when on 29.05.2023 the

    Police Station, Anantnag, acting on the docket of

    the Incharge Police Post, Janglat Mandi,

    Anantnag, came to be apprised about some

    unknown terrorists having attacked a non-local

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    labourer namely Deepak Kumar at Circus

    Amusement Park near GMC, Anantnag which led

    to the death of said victim thereby resulting in

    registration of an FIR No.171/2023 under

    Sections 302 IPC Sections 7/27 Indian Arms

    Act 1959, Sections 16, 18, 20, 39 of the

    Unlawful Activities (Prevention) Act, 1967 with

    the Police Station, Anantnag which undertook the

    investigation in which connection the petitioner

    was called for questioning to come up with a

    purported disclosure that the petitioner is using

    ‘Iphone XS model’ and is active user of Social

    Media of ‘Instagram’, ‘Facebook’, ‘WhatsApp’ and

    ‘Telegram’.

    6. The petitioner is said to have disclosed that he

    had agreed for transporting the arms and

    ammunitions and in that regard had visited

    Bijbehara near Higher Secondary School for

    collecting one Pistol from one person namely

    Umer Amin Thoker. Said Pistol is said to have

    been used by the petitioner in carrying out the

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    alleged incident of firing upon the non-local

    person.

    7. The petitioner, at the time of alleged

    commission of offence and his consequent

    booking therefor was a minor boy and, as such,

    was treated to be a Juvenile to be bailed out by

    virtue of an order dated 04.02.2025 of the

    Juvenile Justice Board, Anantnag, whereafter the

    petitioner is said to have been put under

    surveillance in the course of which the

    petitioner’s alleged activities were reckoned to be

    sufficient enough to book him for preventive

    detention custody.

    8. Except the alleged criminal act forming subject

    matter of said FIR No.171/2023, the petitioner’s

    antecedents in the dossier are reporting nothing

    adverse, objectionable and questionable.

    9. In connection with said FIR No.171/2023

    dated 29.05.2023, the petitioner came to be

    taken into custody only to come out of that

    custody with passing of the order dated

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    04.02.2025 passed by the Juvenile Justice

    Board, Anantnag.

    10. Thus, for almost a period of two years w.e.f.,

    29.05.2023 to 04.02.2025, the petitioner had

    remained in a state of custody during which it

    cannot be said by any stretch of reference and

    claim that the petitioner was found indulgent or

    indulging in the state of activities prejudicial to

    the security of the State.

    11. The petitioner earned his release from case

    custody with passing of an order dated

    04.02.2025 by the Juvenile Justice Board,

    Anantnag but within a period of next three

    months, passing of preventive detention order No.

    21/DMS/PSA/DET/2025 dated 14.05.2025

    came to take place with consequent arrest and

    detention of the petitioner taking place on

    18.05.2025.

    12. It is in this window period w.e.f., 04.02.2025

    till 13.05.2025 when the Senior Superintendent

    of Police (SSP), Anantnag had the purported

    occasion to gather the alleged state of activities of

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    the petitioner to be reckoned as prejudicial to the

    security of the State so as to form basis for laying

    a dossier for seeking preventive detention of the

    petitioner under J&K Public Safety Act, 1978.

    13. In his dossier, the Senior Superintendent of

    Police (SSP), Anantnag refers to the year of birth

    of the petitioner being 2005 at village Sherapora,

    Anantnag, early education of the petitioner from

    SAPHS (Sabir Abdullah Public High School)

    Dialgam, Anantnag up to 10th class and thereafter

    getting admission in the Government High

    School, Brakpora, Anantnag wherefrom he is said

    to have completed his 11th and 12th Standard

    schooling to prepare himself for NEET

    Examination through Online mode.

    14. In his dossier, the Senior Superintendent of

    Police (SSP), Anantnag further refers to the

    alleged incident of 29.05.2023 resulting in

    registration of FIR No.171/2023 which resulted

    in arrest of the petitioner as accused and his bail

    on 04.02.2025 by the Juvenile Justice Board,

    Anantnag.

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    15. Upon his release from the custody, the

    petitioner is said to have been under proper

    surveillance of the Security Agencies on the basis

    whereof it was found out that the petitioner is not

    refraining himself from Anti-national activities

    and still supporting the terrorists in a well

    disguised manner as a result whereof the normal

    Law not proving sufficient to restrain him in

    indulging in the activities prejudicial for

    maintenance of the security of the State,

    therefore, warrants invoking of preventive

    detention jurisdiction.

    16. On the basis of said dossier so submitted to

    him, the respondent No. 2-District Magistrate,

    Anantnag formulated the purported grounds of

    detention by coming up with repeat of text of the

    dossier and on that basis holding the petitioner’s

    personal liberty being prejudicial to the security

    of the State/UT of J&K and, therefore, warranting

    his preventive detention under J&K Public Safety

    Act, 1978 which led to passing of the Detention

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    Order No. 21/DMS/PSA/DET/2025 dated

    14.05.2025.

    17. The petitioner was ordered to be detained and

    kept in Central Jail, Kot-Bhalwal, Jammu.

    18. By virtue of communication No.

    DMA/JC/PSA/2025/133-38 dated 14.05.2025,

    the respondent No.2-District Magistrate,

    Anantnag meant to apprise the petitioner about

    the fact of passing of detention order against him

    and right of the petitioner, as a detenu upon

    being taken into detention, to make a

    representation either to the respondent No.2-

    District Magistrate, Anantnag or to the

    Government against the preventive detention

    imposed upon him.

    19. This communication to the petitioner was

    accompanied with twenty leaves (pages)

    compilation being the order of detention, the

    grounds of detention, the dossier, the intelligence

    reports, FIR and other miscellaneous documents.

    20. By virtue of a Government Order No.

    Home/PB-V/939 dated 15.05.2025, approval to

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    the respondent No.2’s preventive detention Order

    No. 21/DMS/PSA/DET/2025 dated 14.05.2025

    came to be accorded whereupon the case was

    referred to the Advisory Board for its opinion. It is

    after passing of the aforesaid Government Order

    that the actual arrest and detention of the

    petitioner had come to take place on 18.05.2025.

    21. The petitioner came to address a written

    representation to the Home Secretary,

    Government of UT of J&K on 23.05.2025

    acknowledged against receipt No. 5822113.

    22. In addition, the petitioner also addressed a

    representation dated 23.05.2025 to the

    respondent No.2-District Magistrate, Anantnag

    acknowledged against receipt No. 3901/05 dated

    27.05.2025 which came to be forwarded from the

    end of the respondent No.2-District Magistrate,

    Anantnag vide letter No.

    DMA/Judicial/GEN/2025/807-12 dated

    27.05.2025 to the Principal Secretary to

    Government, Home Department, UT of J&K.

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    23. Advisory Board came to tender its opinion on

    File No. Home/PB-V/316/2025 dated

    05.06.2025 on the basis whereof the petitioner’s

    preventive detention was held to be justified

    which paved way for issuance of Government

    Order No. Home/PB-V/1230 dated 13.06.2025

    thereby not only confirming the detention of the

    petitioner but also prescribing the period of

    detention of six months at the first instance from

    18.05.2025 to 17.11.2025.

    24. Vide letter No. Home/PB-

    V/316/2025/7648285 dated 17.06.2025 from

    the end of the Home Department, Government of

    UT of J&K addressed to the respondent No.2-

    District Magistrate, Anantnag, fact of rejection of

    the petitioner’s representation came to be

    conveyed.

    25. It is at this stage of development of the facts

    and circumstances that the petitioner had come

    forward with the institution of the present writ

    petition on 17.06.2025 assailing his preventive

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    detention on the grounds as set out in Para 8 (A)

    to (J).

    26. In his writ petition, the petitioner has made

    reference to the judgments of the Hon’ble

    Supreme Court of India in the cases of:

    i) Dhanayam Vs. State of Kerala, Criminal

    Appeal No. 2897/2025 disposed of vide

    judgment dated 06.06.2025;

    ii) Vijay Narayan Singh Vs. State of Bihar

    (1984) 3 SCC 14;

    iii) Javeed Ahmad Bhat Vs. State 2003 (sup)

    JKJ HC 241;

    iv) Mohammad Rafiq Rather Vs. State 2003(2)

    JKJ 743 HC;

    v) Mohammad Hussain Vs. State 2005(2) JKJ

    HC;

    vi) Ghulam Nabi Shah Vs. State 2005(1) JKJ

    251;

    vii) AIR 2009 SC 2185;

    viii) Ghulam Rasool Vs. State 2005(2) JKJ HC

    400;

    ix) AIR 1980 SC 1751;

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    x) AIR 1999 SC 3251 & 1999;

    xi) Mohammad Ahsan Antoo Vs. State 2011(2)

    JKJ 216; and

    xii) Ishfaq Ahmad Sofi Vs. State & Ors. 2014

    (4) JKJ 21.

    27. Counter affidavit to the writ petition came to

    be filed on 04.11.2025 by the respondent No.2-

    District Magistrate, Anantnag who at the relevant

    point of time was Mr.Syeed Fakhrudin Hamid

    (IAS).

    28. In the counter affidavit, emphasis has been laid

    upon the point that all statutory requirements

    and constitutional guarantees came to be fulfilled

    and complied with at the end of the respondent

    No.2-District Magistrate, Anantnag in ordering

    and carrying out the preventive detention of the

    petitioner.

    29. The fact of fate of rejection of the petitioner’s

    representation being apprised to the petitioner in

    terms of the communication No. Home/PB-

    V/316/2025/7648285 dated 13.06.2025 has

    been highlighted.

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    30. Upon hearing the submissions from the both

    sides and from perusal of the pleadings and the

    supporting documents therewith as well as the

    record of the detention produced for inspection of

    this Court, what comes out to be in clear light is

    that the petitioner’s adverse criminal antecedent

    is referable only to FIR No. 171/2023 of Police

    Station, Anantnag relatable to the alleged

    commission of offence(s) when the petitioner was

    in the state of juvenility and for that purpose

    came to be released by the Juvenile Justice

    Board, Anantnag on 04.04.2025. The petitioner

    is being tried for the alleged commission of

    offence(s) and that is the ordain of ordinary

    criminal law of the land.

    31. The alleged commission of offence(s) by

    reference to FIR No. 171/2023 has to distance

    itself from the profiling of the petitioner in the

    context of evaluating as to whether his activities

    while being in the state of personal liberty were of

    the range and rank so as to fall within the scope

    of mischief of the J&K Public Safety Act, 1978

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    and for that purpose the period of studied

    surveillance is only when the petitioner came out

    upon his release from case custody on

    04.02.2025 and remained so till getting detained

    on 18.05.2025.

    32. Thus, it is only during the period of three

    months’ personal liberty state that the petitioner’s

    alleged state of activities are meant to be referred

    to but then in the name of facts there is worth

    nothing in the entire dossier to justify the concern

    of the District Police Anantnag to lay a case for

    seeking preventive detention of the petitioner and

    correspondingly there were no basis for the

    respondent No.2-District Magistrate, Anantnag to

    reciprocate the plea of the District Police

    Anantnag with preventive detention order against

    the petitioner.

    33. When this Court makes a comparative reading

    of the Dossier as well as the Grounds of the

    detention, this Courts finds the two are ‘much of a

    muchness’ and this is where very exercise of

    jurisdiction under the J&K Pubic Safety Act, 1978

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    right from its origin from the end of the Senior

    Superintendent of Police, Anantnag and

    culminating in issuance of detention order from

    the end of the respondent No.2-District

    Magistrate, Anantnag got on a wrong foot.

    34. To put it in simple words, the petitioner has

    been detained just for nothing but purely on

    hollowed dubiety restored to by and at the end of

    the Senior Superintendent of Police, Anantnag

    and the respondent No.2-District Magistrate,

    Anantnag.

    35. Personal liberty of a citizen of India guaranteed

    under Article 21 of the Constitution of India is not

    meant to be a matter of skating on a thin ice that

    at any given point of time a person can be tripped

    to suffer deprivation and loss by a fiat of

    Executive acting upon unfounded and mirage like

    suspicion, more particularly when it is a matter of

    a personal liberty of a young person who is

    otherwise meant to find life for himself/herself.

    36. In the light of all aforesaid, the preventive

    detention of the petitioner is held to be illegal.

    
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           Accordingly,      preventive         detention            Order      No.
    
           21/DMS/PSA/DET/2025                      dated           14.05.2025
    
           passed     by       the        respondent                No.2-District
    
           Magistrate,            Anantnag                   read             with
    
    

    approval/confirmation order(s) passed by the

    Government of UT of J&K, are hereby quashed.

    The petitioner is directed to be restored to his

    personal liberty forthwith by his release from the

    concerned Jail.

    37. Disposed of, as such.

    (RAHUL BHARTI)
    JUDGE
    Srinagar
    25.03.2026
    Muzammil Q

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

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