In a significant ruling, the Jammu & Kashmir and Ladakh High Court at Jammu on Tuesday (30 September 2025) quashed the preventive detention of Jaffer Hussain Butt, who had been held under the J&K Public Safety Act (PSA). Justice Vinod Chatterji Koul, after a close hearing of both sides, found the detention order “unsustainable” and ordered his immediate release unless wanted in another case.
Background
Jaffer Hussain Butt, a resident of Kishtwar, had been detained under PSA by the District Magistrate on 24 December 2024. The government claimed his actions were “prejudicial to the security of the State,” citing two FIRs from 2019 and multiple diary entries alleging links with terrorists.
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However, Butt’s father, Mohd. Ashraf Butt, challenged the detention, arguing that the order was a mere copy of the police dossier and lacked independent reasoning. The petition also pointed out that incidents cited were old, and that Butt had been living peacefully on bail since 2021. His counsel contended that crucial documents—including grounds of detention—were not given to him, thus violating his constitutional rights.
Court’s Observations
Justice Koul took a dim view of the manner in which the detention was processed. “The grounds of detention in this case are, in fact, a replica of the dossier with interplay of some words here and there. This exhibits non-application of mind,” the judge remarked, referencing a 1985 Supreme Court precedent where a similar copy-paste approach was struck down.
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The bench also noted that Butt’s representation against the detention had not been decided till date, a clear infringement of his fundamental right under Article 22(5) of the Constitution. Citing a 2021 Supreme Court decision, the judge stressed the “immediacy” required in handling representations in preventive detention cases.
On the government’s argument that Butt might revert to anti-national activities after bail, the court recalled another Supreme Court ruling from 1986: if authorities fear such conduct, they must oppose bail or challenge it, not use preventive detention as a shortcut.
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Decision
Finding merit in the petitioner’s arguments, Justice Koul allowed the petition and quashed the detention order dated 24 December 2024. “The detenu, Jaffer Hussain Butt, is directed to be released forthwith if not required in any other case,” the judgment concluded. With this, the court sent a strong reminder that even in sensitive cases, procedural safeguards under the Constitution cannot be brushed aside.
Case: Jaffer Hussain Butt vs. Union Territory of Jammu & Kashmir & Others
Case Number: HCP No. 41/2025
Reserved On: 25 September 2025
Pronounced On: 30 September 2025
