Court Orders Authorities to Seek Permission Before Detaining Petitioners Under Public Safety Act
In a significant judicial order, the Jammu and Kashmir High Court has directed the authorities not to proceed with the preventive detention of the petitioners under the Public Safety Act (PSA) without obtaining prior permission from the court. The decision was rendered by Justice Moksha Khajuria Kazmi in response to a Habeas Corpus petition filed by Irfan Akbar Malla and others, who feared detention linked to an ongoing investigation.
The case revolves around an FIR No. 27/2026 registered at Police Station Batmaloo concerning an incident dated 12th March 2026. The petitioners, represented by Senior Advocate Mr. Z. A. Shah, expressed concerns that the authorities might invoke the PSA against them at the behest of the complainant, despite the incident being under investigation under existing penal laws.
During the proceedings, Mr. Mohsin Qadiri, Senior Additional Advocate General, assured the court that there was no present intention to detain the petitioners under the PSA based on the mentioned FIR. The court, acknowledging this, directed that no coercive steps should be taken against the petitioners without its prior approval.
Further, the petitioners have been instructed to submit an undertaking to the court's Registrar Judicial, pledging not to repeat the alleged conduct or take the law into their own hands. The case is scheduled for the next hearing on April 24, 2026.
This order underscores the court's role in safeguarding individual liberties while balancing the requirements of law enforcement. The judgment reflects a cautious approach to the application of preventive detention laws, ensuring that such measures are not misused.
Bottom Line:
Preventive detention under Public Safety Act - Restraint on authorities from detaining petitioners without prior Court permission in connection with an alleged incident already under investigation.
Statutory provision(s): Public Safety Act
