Court finds detention under Jammu and Kashmir Public Safety Act, 1978, to be a blatant abuse of law, orders immediate release
In a significant judgment, the Jammu and Kashmir High Court has quashed the preventive detention order against Bittu Ram, citing it as an abuse of legal process. The order, dated May 14, 2026, was passed by Justice Rahul Bharti, who found the detention under the Jammu and Kashmir Public Safety Act, 1978, unjustifiable. The petitioner, Bittu Ram, was detained based on vague references to proceedings under Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which the court deemed insufficient and unclear for a layperson to comprehend.
The case arose when Bittu Ram, a resident of village Gali Sadotra, was ordered to be detained by the District Magistrate, Kathua, on July 24, 2025. The grounds for detention cited Bittu Ram's alleged objectionable activities linked to proceedings under the BNSS. However, the court found these references inadequate, noting that the full form of BNSS was not explained, leaving the petitioner without a clear understanding of the charges.
The court observed that within a span of seven days, Bittu Ram faced multiple proceedings under Section 128 of the BNSS, yet none reached a logical conclusion. Despite this, he was subjected to preventive detention, ostensibly to prevent actions prejudicial to state security. Justice Bharti highlighted that such grounds, based on Daily Dairy Reports from 2025, were insufficient to justify curtailing a person's fundamental right to personal liberty.
In a scathing critique, the court described the actions of the District Police and Magistrate, Kathua, as a blatant misuse of legal authority, undermining the fundamental rights guaranteed to citizens. Consequently, the detention order, along with any related confirmations or extensions by the government, was quashed.
The court ordered Bittu Ram's immediate release from custody, affirming his right to personal liberty. This judgment underscores the judiciary's role in safeguarding individual freedoms against arbitrary state actions.
Bottom line:-
Preventive detention under the Jammu and Kashmir Public Safety Act, 1978, based on vague and incomplete references to proceedings under Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023, constitutes a blatant abuse of law and violates the fundamental right to personal liberty.
Statutory provision(s): Jammu and Kashmir Public Safety Act, 1978, Section 128 of Bharatiya Nagarik Suraksha Sanhita, 2023
Bittu Ram v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2913073
