Jammu & Kashmir High Court Quashes Detention Order Against Riyaz Ahmad Channa

Court Cites Vagueness, Lack of Evidence, and Contemptuous Language in Official Dossier

In a significant judgment delivered on September 22, 2025, the Jammu and Kashmir High Court quashed the preventive detention order against Riyaz Ahmad Channa, citing a lack of specific details and vague grounds for detention. The bench, presided over by Justice Ms. Moksha Khajuria Kazmi, emphasized the violation of fundamental rights under Article 22(5) of the Constitution of India, owing to the failure of the detaining authority to provide requisite details such as date, place, and time in the grounds of detention.

The court found the detention order, issued by the Divisional Commissioner, Kashmir, under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, to be based on stale incidents and lacking a live and proximate link with the alleged past conduct of Channa. The judgment pointed out that the detaining authority failed to supply all necessary material relied upon, including bail orders, thus impairing Channa's right to make an effective representation.

In a scathing observation, the court criticized the language used in the dossier prepared by the then Senior Superintendent of Police, Srinagar, Mr. Imtiyaz Hussain. The dossier contained contemptuous remarks questioning the judiciary's independence and impartiality. The court directed the Director General of Police to seek an explanation from Mr. Hussain and initiate appropriate action against him.

The court's decision underscores the need for authorities to adhere strictly to procedural requirements and respect the judiciary's role in safeguarding fundamental rights. The judgment ordered the immediate release of Riyaz Ahmad Channa, who had been detained in Bhaderwah Sub Jail, unless required in connection with any other case.

Bottom Line:

Preventive detention order quashed due to lack of specific details, vague grounds, and non-application of mind by the detaining authority.

Statutory provision(s):

• - Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
• - Article 22(5) of the Constitution of India

Riyaz Ahmad Channa v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2784467