Court Criticizes Lack of Independent Application of Mind by Authorities Under J&K Public Safety Act
In a significant ruling on February 5, 2026, the Jammu and Kashmir High Court, presided over by Justice Mr. Rahul Bharti, quashed the preventive detention order against Shabir Ahmad Dar, citing a lack of independent application of mind by the authorities. The detention, executed under the Jammu & Kashmir Public Safety Act, 1978, was initially ordered by the District Magistrate of Anantnag based on a dossier from the Senior Superintendent of Police (SSP), Anantnag.
The court highlighted that the detention order was founded solely on the SSP's dossier without any independent assessment or justification by the District Magistrate. The grounds for detention, which linked Dar to activities purportedly prejudicial to the state's security, were deemed inadequate and unjustified. Justice Bharti noted that the detaining authority failed to exercise its own discretion and merely acted on the SSP's recommendations without proper evaluation.
Dar, who was allegedly involved in activities connected to an FIR registered in 2022, was not listed as an accused or under trial in that case. Despite this, he was detained under the preventive measures of the PSA, a move the court found to be based on assumptions and unsupported allegations.
The court's decision emphasizes the necessity for authorities to exercise due diligence and independent judgment when invoking preventive detention laws. It underscored that such serious measures should not be taken lightly or without solid justification, akin to routine administrative actions like traffic challans.
Consequently, the court ordered the immediate release of Shabir Ahmad Dar, unless he was required in connection with any other case. This judgment serves as a reminder of the judiciary's role in safeguarding individual liberties and ensuring that preventive laws are not misused.
Bottom Line:
Preventive detention under the Jammu & Kashmir Public Safety Act, 1978 quashed due to lack of application of mind by the authorities.
Statutory provision(s): Jammu & Kashmir Public Safety Act, 1978
