Suhail Ahmad Bhat vs Union Territory Of J&K Through on 5 August, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Suhail Ahmad Bhat vs Union Territory Of J&K Through on 5 August, 2026

    Author: Moksha Khajuria Kazmi

    Bench: Moksha Khajuria Kazmi

                                                                 Serial No. 9
                                                               Regular Cause list
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                                  HCP 272/2025
                                                            Reserved on : 23.07.2026
                                                          Pronounced on : 05.08.2026
                                                            Uploaded on : 05.08.2026
                                                     Whether the operative part or full
                                                        judgment is pronounced: Full
    
         Suhail Ahmad Bhat                               ...Appellant(s)/Petitioner(s)
         alias Sahil Peer Aged 21 Years
         S/O Late Ab. Majeed Bhat
         R/O     Khalpora,     Marhama,     Bijbehara,
         Anantnag
         Through his mother
         Shameema Banoo, Aged 57 Years
         W/O Late Abdul Majeed Bhat
         R/O     Khalpora,     Marhama,     Bijbehara,
         Anantnag
    
                                 Through:       Mr. Mohammad Ashraf Malik, Adv
                                          Vs.
    
    1. Union Territory of J&K through
                                                                      ...Respondent(s)
       Commissioner/Secretary      to Govt.,
       Home Department Civil Secretariat
       Srinagar/Jammu
    2. District Magistrate, Anantnag
    3. Senior Superintendent of Police,
       Anantnag
    
                                 Through:       Mr. Ilyas Nazir Laway, GA
    
    CORAM:
         HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
                                  JUDGMENT
    

    1. By this petition, the petitioner, Ms. Shameema Banoo- the

    mother of the detenue, is assailing the order No.

    SPONSORED

    17/DMA/PSA/DET/2025 dated 29.04.2025 [hereinafter for

    short to be referred as “impugned order”], passed by

    respondent No. 2-District Magistrate Anantnag, whereby,

    Suhail Ahmad Bhat @ Sahil Peer S/O Ab Majeed Bhat R/O

    HCP 272/2025 Page 1 of 9
    Khalpora Marhama Bijbehara, District Anantnag

    [hereinafter for short to be referred as “detenue”] has been

    detained under and in terms of the provisions of Jammu and

    Kashmir Public Safety Act 1978, for acting in a manner

    prejudicial to Security of the State/UT and lodged in District

    Jail, Udhampur.

    2. Before the grounds taken in support of the petition are

    summarized, it would be advantageous to refer to the facts,

    briefly, in the first instance.

    Brief Facts:

    3. A reliable source information was received by Police Station

    Bijbehara in the year 2022 to the effect that the detenue,

    along with his associates is working as an Over Ground

    Worker (OGW) for militant organizations by providing

    logistical support, including food, shelter and transportation

    to terrorists, and by preparing hideouts in the orchards of

    Marhama for their use. On the basis of the said information,

    FIR No. 94/2022 under Sections 18, 19 and 39 of the ULAP

    Act, came to be registered at Police Station Bijbehara

    against the detenue. During the investigation, the detenue

    was arrested on 12.06.2022 and was lodged in the Juvenile

    Home, Srinagar, being minor, subsequently released on bail

    by Juvenile Justice Board, Anantnag, in terms of the order

    dated 22.08.2022.

    HCP 272/2025 Page 2 of 9

    4. The detaining authority has recorded that, after his release

    from the Juvenile Home, the detenue remained under

    surveillance of the security agencies and, according to the

    reports received, he continued to maintain links with

    terrorists and extend support to them. It has further been

    alleged that the ordinary criminal law had failed to deter him

    from indulging in activities prejudicial to the security of the

    State/Union Territory and that his continued activities posed

    a threat to public order and security.

    5. The dossier further states that the detenue had developed an

    anti-national ideology and was capable of influencing and

    motivating local youth against the Union Territory of

    Jammu and Kashmir and the Union of India. It was also

    opined that there existed a real likelihood of his reverting to

    similar activities if allowed to remain at liberty, thereby

    necessitating his preventive detention.

    6. Taking into consideration the police dossier, intelligence

    reports, field inputs, the report of the Screening Committee,

    and the recommendation of the Senior Superintendent of

    Police, Anantnag, the detaining authority arrived at the

    subjective satisfaction that the activities of the detenue were

    highly prejudicial to the security of the Union Territory of

    Jammu and Kashmir and that his preventive detention under

    the Jammu and Kashmir Public Safety Act, 1978, was

    necessary to prevent him from acting in any manner

    prejudicial to the security of the State/Union Territory.

    HCP 272/2025 Page 3 of 9

    7. The petitioner has averred that the detenue was illegally

    arrested by the police authorities on 29.04.2025 and was

    thereafter taken to District Jail, Udhampur, where he was

    informed that he had been detained under the provisions of

    the Jammu and Kashmir Public Safety Act, 1978.

    8. Per contra, respondents appeared and filed the counter

    affidavit resisting the claim of the petitioner. It is stated in

    the counter affidavit that the respondents while issuing the

    impugned order have adhered to all the statutory and

    constitutional requirements; the impugned order has been

    passed after deriving subjective satisfaction; the grounds of

    the detention and the other allied detention material has been

    furnished to the detenu in lieu whereof the signature of the

    detenu has been obtained; the detenue is an anti-national

    element, is figuring adversely in police records; the

    impugned order has been confirmed by the advisory board

    also, the activities of the detenu were found to be prejudicial

    to the security of the state and as such the detenu was

    detained under the preventive detention in terms of the

    impugned order; the representation filed by the mother of

    the detenu has also been considered by the competent

    authority and rejected being without merit.

    9. I have heard learned counsel for the parties, considered their

    submissions and perused the detention record made

    available.

    HCP 272/2025 Page 4 of 9

    10. Learned counsel for the petitioner vehemently submits that

    the order impugned is bad in law having been passed

    without proper application of mind as the detenu has not

    been linked with any of the alleged prejudicial activities

    after his release on bail by the Juvenile Justice Board. He

    also submits that the involvement of the detenu in case FIR

    94/2022 on the basis whereof impugned detention order has

    been passed is of the year 2022 and the impugned order has

    been passed in the year 2025 much later in time. He submits

    that the impugned order in this way has been passed on stale

    grounds, the practice that is deprecated by the Hon’ble

    Supreme court of India.

    11. On the contrary, the learned counsel for the respondents,

    while defending the impugned order, submits that the

    concerned agency after noticing the prejudicial activities of

    the petitioner found it imperative to detain the detenu under

    preventive law.

    12. It appears that the respondents have in fact based their

    opinion on the contents of the FIR No. 94/2022 and detained

    the detenu under preventive detention. Therefore, the plea

    taken by the learned counsel for the petitioner that the

    detention order in question has been passed on the basis of

    stale grounds is well-founded. It also transpires from the

    records that the detenu after his arrest has been bailed out by

    the Juvenile Justice Board on 22.08.2022, the fact taken note

    of by the respondents in their reply affidavit also and

    HCP 272/2025 Page 5 of 9
    subsequent to his release as such, no specific subversive

    activity has been attributed to the detenu anywhere in the

    records or in the reply affidavit. The submission of the

    learned counsel for the petitioner that no subjective

    satisfaction has been derived by the detaining authority as

    regards the prejudicial activities of the detenu subsequent to

    his release on bail carries substance.

    13. The Apex Court, in case titled “Ameena Begum vs. State of

    Telangana” reported as (2023) 9 SCC 587, has held that the

    detention order cannot sustain if the same appears to have

    been issued without deriving subjective satisfaction by the

    detaining authority. It would be profitable to reproduce

    paragraph No. 28 of the said judgment hereinbelow:

    “28. In the circumstances of a given case, a
    Constitutional Court when called upon to test the
    legality of orders of preventive detention would be
    entitled to examine whether

    (i) the order is based on the requisite satisfaction, albeit
    subjective, of the detaining authority, for, the absence
    of such satisfaction as to the existence of a matter of
    fact or law, upon which validity of the exercise of the
    power is predicated, would be the sine qua non for the
    exercise of the power not being satisfied;

    (ii) in reaching such requisite satisfaction, the detaining
    authority has applied its mind to all relevant
    circumstances and the same is not based on material
    extraneous to the scope and purpose of the statute;

    (iii) power has been exercised for achieving the purpose
    for which it has been conferred, or exercised for an
    improper purpose, not authorised by the statute, and is
    therefore ultra vires;

    HCP 272/2025 Page 6 of 9

    (iv) the detaining authority has acted independently or
    under the dictation of another body;

    (v) the detaining authority, by reason of self-created
    rules of policy or in any other manner not authorized
    by the governing statute, has disabled itself from
    applying its mind to the facts of each individual case;

    (vi) the satisfaction of the detaining authority rests on
    materials which are of rationally probative value, and
    the detaining authority has given due regard to the
    matters as per the statutory mandate;

    (vii) the satisfaction has been arrived at bearing in mind
    existence of a live and proximate link between the past
    conduct of a person and the imperative need to detain
    him or is based on material which is stale;

    (viii) the ground(s) for reaching the requisite satisfaction
    is/are such which an individual, with some degree of
    rationality and prudence, would consider as connected
    with the fact and relevant to the subject-matter of the
    inquiry in respect whereof the satisfaction is to be
    reached;

    (ix) the grounds on which the order of preventive
    detention rests are not vague but are precise, pertinent
    and relevant which, with sufficient clarity, inform the
    detenu the satisfaction for the detention, giving him the
    opportunity to make a suitable representation; and

    (x) the timelines, as provided under the law, have been
    strictly adhered to.”

    14. The Apex Court has come down heavily on the functionaries

    of the State for issuing the detention orders on stale grounds

    in case titled “Khaja Bilal Ahmad vs. State of Telangana“,

    reported as (2020) 13 SCC 632, and has held as under:

    “If the pending cases were not considered for
    passing the order of detention, it defies logic as to

    HCP 272/2025 Page 7 of 9
    why they were referred to in the first place in the
    order of detention. The purpose of the Telangana
    Offenders Act 1986 is to prevent any person from
    acting in a manner prejudicial to the maintenance
    of public order. For this purpose, Section
    3
    prescribes that the detaining authority must be
    satisfied that the person to be detained is likely to
    indulge in illegal activities in the future and act in
    a manner prejudicial to the maintenance of public
    order. The satisfaction to be arrived at by the
    detaining authority must not be based on
    irrelevant or invalid grounds. It must be arrived at
    on the basis of relevant material; material which is
    not stale and has a live link with the satisfaction of
    the detaining authority. The order of detention
    may refer to the previous criminal antecedents
    only if they have a direct nexus or link with the
    immediate need to detain an individual. If the
    previous criminal activities of the Appellant could
    indicate his tendency or inclination to act in a
    manner prejudicial to the maintenance of public
    order, then it may have a bearing on the subjective
    satisfaction of the detaining authority. However, in
    the absence of a clear indication of a causal
    connection, a mere reference to the pending
    criminal cases cannot account for the
    requirements of Section 3. It is not open to the
    detaining authority to simply refer to stale
    incidents and hold them as the basis of an order of
    detention. Such stale material will have no bearing
    on the probability of the detenu engaging in
    prejudicial activities in the future.” (bold in
    original) (underlining ours, for emphasis) (2020)
    13 SCC 632.”

    15. The Division Bench of this court in a judgment delivered in

    case titled “Suraj Masih vs. U.T. of J&K and Ors.” reported

    as 2026:JKLHC-JMU:58-DB while relying on the judgment

    of the Apex court in case titled “Saeed Zakir Hussain Malik

    HCP 272/2025 Page 8 of 9
    vs. State of Maharashtra
    ” reported as (2012) 8 SCC 233,

    has laid down the same ratio.

    16. In view of above, the other grounds raised in the writ

    petition or urged by the learned counsel for the petitioner

    need not be adverted to as the petition has succeeded on the

    above two cardinal principles of law already.

    17. The instant petition, in the above background, succeeds and

    is allowed as such. The impugned order bearing No.

    17/DMA/PSA/DET/2025 dated 29.04.2025, passed by

    respondent No. 2- District Magistrate Anantnag, is held to

    be not in consonance in law, therefore quashed. The detenue,

    Suhail Ahmad Bhat @ Sahil Peer S/O Ab Majeed Bhat R/O

    Khalpora Marhama Bijbehara, District Anantnag, shall be

    released from preventive custody forthwith.

    18. The detention record be returned to learned counsel for the

    respondents.

    (MOKSHA KHAJURIA KAZMI)
    JUDGE
    SRINAGAR:

    05.08.2026
    “Misba Sajad”

     Whether the Judgment is Reportable?
    Yes/No

     Whether the Judgment is Speaking?
    Yes/No

    HCP 272/2025 Page 9 of 9



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