The High Court of Jammu & Kashmir and Ladakh at Srinagar has quashed a preventive detention order passed against Suhail Fayaz Najar, holding that the authorities failed to show a fresh and proximate basis for keeping him in detention under the Jammu and Kashmir Public Safety Act, 1978.
Justice M. A. Chowdhary pronounced the judgment on September 2, 2026, in HCP No. 298/2025. The Court also found shortcomings in the supply and communication of the material relied upon for the detention.
Background of the Case
The detention order, dated July 10, 2025, was issued by the District Magistrate, Pulwama under the Public Safety Act on the ground that Najar's activities were prejudicial to the security of the State.
The authorities relied substantially on FIR No. 46/2021, registered under provisions of the Unlawful Activities (Prevention) Act, as well as subsequent proceedings under Sections 107/151 Cr.P.C. The Court noted that Najar had already been released on bail in the earlier FIR.
The detention grounds also contained allegations that he had worked as an "OGW" for banned terrorist organisations. The Court treated these as allegations forming part of the detention record and examined whether they provided a legally sufficient basis for preventive detention.
Court's Observation
The High Court stressed that preventive detention is an exceptional power and is meant to prevent anticipated future conduct, not to punish a person for past acts.
"Once a person has been released on bail, the detaining authority is required to consider whether there exists some fresh or continuing material which demonstrates that, notwithstanding his release, there is a real and proximate likelihood of his engaging in activities prejudicial to the security of the State," the Court observed.
The Court found that the material placed before it did not disclose any sufficiently specific or proximate activity after Najar's release on bail that could establish the necessary "live link" between his past conduct and the need for preventive detention.
It further held that a general reference to the security concerns surrounding the Shri Amarnath Ji Yatra could not replace specific material connecting the individual with an apprehended threat.
The Court also found that the respondents failed to satisfactorily establish that the material relied upon for the detention had been supplied to Najar. It held that this affected his constitutional right under Article 22(5) to make an effective representation.
The Court additionally found no satisfactory material showing that the detention grounds had been read over and explained to him in a language he fully understood. It held that this failure independently affected the validity of the detention order.
Decision
The High Court allowed the petition and quashed Detention Order No. 33/DMP/PSA/25 dated July 10, 2025.
The respondents were directed to release Suhail Fayaz Najar forthwith from preventive detention, provided his custody was not required in connection with any other case or proceedings in accordance with law.
Case Details
Case Title: Suhail Fayaz Najar v. Union Territory of J&K & Others
Case Number: HCP No. 298/2025
Judge: Justice M. A. Chowdhary
Decision Date: 02 September 2026
