The Jammu & Kashmir High Court has upheld a preventive detention order issued under the Public Safety Act (PSA) against Tahir Riyaz Dar, alleged to be involved with terrorist groups Lashkar-e-Toiba (LeT) and The Resistance Front (TRF). The Court, presided by Justice Rajesh Sekhri, ruled that the detention was justified based on the detainee's conduct and the material presented, including surveillance inputs, prior involvement, and post-release behavior.
The case involved FIR No. 46/2022 filed when the detenue was a juvenile. Although he was granted bail, intelligence reports indicated that after his release, he resumed contact with terrorists and allegedly provided logistical support to banned outfits. He was also accused of instigating local youth towards militancy. The detention order stated these activities as highly prejudicial to the security of the State.
"You have been providing logistic support to the terrorists... and instigating youth of the area to join terrorist ranks... therefore, it is necessary to detain you under the J&K Public Safety Act." – Grounds of detention
The petitioner challenged the detention, arguing that the grounds were vague, based on old incidents, and that he wasn’t given translated copies in a language he understood. He also claimed denial of the right to make an effective representation.
However, the Court found that all statutory procedures were followed. The detention order was approved by the Home Department and the Advisory Board. The detenue had received all documents in Urdu/Kashmiri, and his signatures were taken confirming the same. His representation was considered and rejected timely.
“It is manifest that the grounds of detention are not only definite and proximate but free from ambiguity.” – Justice Rajesh Sekhri
The Court emphasized that preventive detention is not a punishment but a preventive measure based on likelihood of future threats. It clarified that the Court cannot interfere with the subjective satisfaction of the detaining authority unless there is illegality or non-compliance with legal safeguards.
Read Also:- Kerala High Court: Pending Litigation No Excuse to Avoid Property Tax Without Formal Demand Notice
“The writ Court cannot sit in appeal over the satisfaction of the detaining authority when the grounds are precise, proximate and relevant.” – High Court observation
The petition was ultimately dismissed, with the Court affirming that the detention was lawful and backed by adequate grounds under Section 8 of the PSA. It reiterated that preventive detention, though an exception, is valid when national security is at stake and normal legal processes prove insufficient.
Case Title: Tahir Riyaz Dar vs UT of J&K (2025)
Bench: Justice Rajesh Sekhri
Counsel:
- For Petitioner: Wajid Mohammad Haseeb
- For Respondents: Rekha Wangnoo, GA
