Ghulam Nabi Wani v. Union Territory of J and K and Ors. (Home Department)

JU D G ME N T

¶1Heard learned counsel for the petitioner as well as for the respondents.

¶2Perused all pleadings of the case alongwith documents addressed from both sides and also perused the detention record.

¶3Petitioner Ghulam Nabi Wani, acting through his brother Mohd. Yousuf Wani is invoking habeas corpus

jurisdiction of this Court under article 226 of the Constitution of India for seeking restoration of his personal liberty by quashment of preventive detention order passed against him by the respondent No.2-District Magistrate, Baramulla under Jammu and Kashmir Public Safety Act, 1978. The institution of the writ petition is dated 27.05.2024.

¶4For the purpose of seeking preventive detention of the petitioner in order to check him from indulging in alleged activities prejudicial to the Security of the State, the Senior Superintendent of Police (SSP), Baramulla, by virtue of his letter No. Lgl/PSA/2024/877-80 dated

06.04.2024, had submitted a dossier thereby reporting the alleged state of activities of the petitioner to the respondent No.2-District Magistrate, Baramulla for subjecting the petitioner to preventive detention custody.

¶5Acting upon said dossier, the respondent No.2-District Magistrate, Baramulla, by virtue of grounds of detention formulated, led himself to a subjective satisfaction that the petitioner renders himself to be

detained under the Jammu and Kashmir Public Safety Act, 1978 so as to prevent him from acting in any manner prejudicial to the maintenance of Security in the UT of Jammu and Kashmir.

¶6Thus, by virtue of an order No.32/DMB/PSA/ 2024 dated 20.04.2024, the petitioner was ordered to be detained and kept in confinement in the Central Jail Kot-Bhalwal, Jammu for period to be specified by the Government.

¶7In the grounds of detention, the petitioner came to be referred as a person involved in several criminal cases in district Baramulla and also previously subjected to preventive detention custody but still not getting deterred from indulging in objectionable activities. The adverse and criminal antecedents of the petitioner by reference to FIR No.57/2016, FIR No.62/2016 and FIR No.86/2016, all of them being of Police Station Kreeri, came to be highlighted in the grounds of detention and further suspecting that the forthcoming National Elections of 2024 might suffer disruption the petitioner was reckoned to be detained.

¶8The petitioner came to be taken in to preventive detention custody when ASI Sartaj Singh No.136/A EXK-941443 of Police Station Kreeri took the petitioner into his custody on 23.04.2024, wherefrom the petitioner is in a state of detention.

¶9By virtue of Government Order No. Home/PB-V/851/2024 dated 29.04.2024, the detention order was approved, whereafter, Advisory Board's opinion dated 15.05.2024 came to be granted.

¶10From the end of the petitioner, representation dated 02.05.2024 came to be submitted for seeking revocation/quashment of his preventive detention which was also put up before the Advisory Board only to suffer rejection whereas at the end of the Government, the petitioner's representation dated

02.05.2024, was put to process of consideration.

¶11Vide Government Order No.Home/PB-V/1168/2024 dated 30.05.2024, the petitioner's detention came to be confirmed for a period of six months at first instance from

23.04.2024 to

22.10.2024 with Central Jail Kot-Bhalwal, Jammu to be place of his confinement.

¶12The preventive detention of the petitioner came to be extended from time to time by subsequent Government Order No.Home/PB-V/656/2025 dated

21.04.2025 for the period 23.04.2025 to 22.10.2025.

¶13It is only on 26.09.2025 that the respondent No.2-District Magistrate, Baramulla, was apprised by Additional Secretary to Home Department Government of UT of Jammu and Kashmir vide communication No.Home/PB-V/290/2024/7459854 dated

26.09.2025 that the fact of apprising the petitioner about rejection of his representation be taken up. This communication meant that up to 26.09.2025, the petitioner and/or his family members were not apprised of the fate of representation dated

02.05.2024.

¶14It is on this singular ground that the petitioner's continuing preventive detention is rendered bad on account of delayed action at the end of the

Government as well as of the respondent No.2-District Magistrate, Baramulla, to apprise the petitioner about fate of his representation as such the preventive detention of the petitioner is hereby quashed.

¶15Preventive detention order No.32/DMB/PSA/2024 dated 20.04.2025 read with approval /confirmation/extension orders passed by the Government of UT of Jammu and Kashmir through its Home Department are hereby quashed.

¶16The petitioner is directed to be restored to his personal liberty by the Superintendent of the concerned Jail, wherever the petitioner is held and confined

(RAHUL BHARTI) JUDGE Srinagar

31.03.2026

Opinder

Whether the judgment is speaking : Yes / No

Whether the judgment is reportable : Yes / No

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 17.02.2026 Pronounced on: 31.03.2026 Ghulam Nabi Wani …..Petitioner Through: Mr. Asif Wani, Advocate. Vs. Union Territory of J&K and Ors. .….Respondents Through: Mr. Hakim Aman Ali, Dy. AG Coram : HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE