Amir Suhail Ganie v. Union Territory of J and K and Ors. (Home)

ORDER

25.02.2026

¶1Through the medium of this petition, the petitioner, acting through his mother-Haleema, came forward with the institution of present writ petition on

27.01.2026 seeking quashment of his preventive detention custody which came to be inflicted upon him in terms of Order No. DIVCOM-"K"/21/2025 dated

24.02.2025 by reference to his alleged activities state of activities falling within the scope of mischief of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

¶2The detention order came to be passed by respondent No. 2-Divisional Commissioner, Kashmir, on the basis of which the petitioner came to be detained and kept confined in Central Jail, Kot Bhalwal, where he has come to undergo a substantial part of his detention period before coming forward with the institution of the present writ petition at the fag end of his remainder detention period.

¶3The preventive detention of the petitioner was solicited by the Senior Superintendent of Police (SSP), Anantnag who submitted a dossier to the respondent No. 2-Divisional Commissioner, Kashmir, stating therein that the petitioner is involved in drug-related activities and even having an FIR No. 22/2023 registered at Police Station, Anantnag attending upon him, in which case he is undergoing trial, and therefore required to be put under preventive detention for checking his alleged activities.

¶4Respondent No. 2-Divisional Commissioner, Kashmir, on the basis of the dossier, formulated the grounds of detention thereby drawing a subjective satisfaction that a case was made out for ordering the preventive detention of the petitioner.

¶5There is an inherent lacuna in the dossier submitted by the Senior Superintendent of Police

(SSP), District Anantnag, inasmuch as the recommendation for detention of the petitioner was made more by unsaid reference to the provisions of the Jammu and Kashmir Public Safety Act, 1978, by reckoning the activities of the petitioner as prejudicial to the maintenance of Public Order, rather than within the scope of mischief of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

¶6This is where the respondent No. 2-Divisional Commissioner, Kashmir, erred in acting upon the said dossier of the Senior Superintendent of Police (SSP), Anantnag, without proper application of mind to the statutory framework invoked which renders the impugned order of detention legally invalid and deserves to be quashed.

¶7The preventive detention order No. DIVCOM- "K"/21/2025 dated 24.02.2025 passed by the respondent No. 2-Divisional Commissioner, Kashmir, read with the consequent approval/confirmation order by the Government of Union Territory of J&K, are hereby quashed.

¶8The Superintendent of the concerned Jail detaining the petitioner is directed to release the petitioner forthwith, if not required in any other case.

¶9Disposed of.

(RAHUL BHARTI)

JUDGE

SRINAGAR:

25.02.2026 "Mir Arif"

Serial No.04 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 7/2026 Amir Suhail Ganie …Petitioner(s) Through: Mr. Mubashir Rabani, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE