The Jammu and Kashmir and Ladakh High Court at Srinagar has struck down the preventive detention of Sajad Ahmad Bhat, a 27-year-old resident of Drabgam, Pulwama, calling the government's action "unsustainable in law." The court found that the detention ordered under the Public Safety Act (PSA)-was based on stale allegations and lacked a "live and proximate link" to justify curbing his liberty.
The judgment, delivered by Justice Moksha Khajuria Kazmi on October 29, 2025, ordered the immediate release of Bhat, who had been held since April under the PSA.
Background
Bhat, also known as "Baaber," was detained by the District Magistrate of Pulwama on April 30, 2025, citing his alleged involvement in "activities prejudicial to the security of the Union Territory." The detention followed a dossier submitted by the Senior Superintendent of Police, Pulwama, referencing his earlier arrest in 2020 under FIR No. 119 for offences under the Arms Act and Unlawful Activities (Prevention) Act.
According to the petition filed through his father-in-law, Mushtaq Ahmad Dar, the detenue had already been granted bail in 2023 and was living peacefully. His counsel argued that the detention violated fundamental rights, as the authorities neither provided him with the full material relied upon nor explained why normal legal provisions were insufficient.
Court's Observations
Justice Kazmi observed that the government failed to justify why preventive detention was needed when ordinary criminal law was available. Citing the Supreme Court’s decision in Rekha v. State of Tamil Nadu (2011), the court reminded that preventive detention should only be invoked when regular legal processes cannot handle the situation.
"The respondents have not indicated how the substantive law invoked against the detenue was insufficient to prevent him from indulging in the alleged activities," the bench noted.
The court also underlined that the detention order-issued five years after the alleged incidents-was "based on stale material." Referring to precedents such as Malada Sriram v. State of Telangana (2023), Justice Kazmi remarked that a detention order "without a live and proximate link between the acts complained of and the detention" amounts to punishment without trial.
Decision
After reviewing the detention records and submissions, the court concluded that the preventive custody order had no legal foundation.
"This Court is satisfied that the petitioner has succeeded in proving his case," the judgment stated. Consequently, detention order No. 07/DMP/PSA/25 dated 30.04.2025 was quashed.
Justice Kazmi directed authorities to release Sajad Ahmad Bhat forthwith, "if not required in any other case."
The decision reinforces judicial scrutiny over preventive detentions in Jammu and Kashmir, emphasizing that liberty cannot be curtailed on outdated or unsupported grounds.
Case Title:- Sajad Ahmad Bhat v. Union Territory of Jammu & Kashmir & Others
Case Number:- HCP No. 183/2025
