Jammu and Kashmir High Court
HCP/118/2026 of KHURSHEED AHMAD RATHER Vs UNION TERRITORY OF J AND K (HOME) AND OTHERS on 9 September 2026
No. 61 Supplementary list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 118/2026 KHURSHEED AHMAD RATHER ….. Appellant/petitioner(s) Through: - Mr. Saleem Gul, Advocate V/s UNION TERRITORY OF J AND K (HOME) AND OTHERS ….. Respondent(s) Through: - CORAM:
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Serial No. 61 Supplementary list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HCP 118/2026
KHURSHEED AHMAD RATHER ….. Appellant/petitioner(s) Through: - Mr. Saleem Gul, Advocate
V/s
UNION TERRITORY OF J AND K (HOME) AND OTHERS ….. Respondent(s) Through: -
CORAM:
HON’BLE MR JUSTICE RAJESH SEKHRI, JUDGE
(ORDER) 09.09.2026
01. Apprehending preventive detention under J&K Public Safety Act, 1978, [“PSA”, for short] on the basis of sole FIR No. 76/2022, petitioner has approached this Court for restraining the respondents, their officers or subordinate authorities from taking him into custody.
02. The case set out by the petitioner is that he came to be arrested in connection with FIR No. 76/2022, in which he was enlarged on bail by the competent Court on 08.07.2022. According to the petitioner, after his release in the aforesaid FIR, he complied with the terms and conditions of the bail and never evaded the criminal process or claimed any immunity from the investigation or trial.
03. It is contention of the petitioner that he has received a credible and bonafide information that respondents intend to initiate steps to Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
place him in preventive detention under PSA purportedly on the basis of aforesaid solitary FIR, which is not permissible in law.
04. Having regard to the limited nature of controversy, the present petition is admitted to hearing and disposed of with a direction to the respondents to refrain from taking the petitioner into preventive custody under PSA on the basis of solitary FIR No. 76/2022. However, respondents shall be at liberty to proceed against the petitioner in accordance with law, provided he is found involved or required in any other offence or activity, prejudicial to the security of the Union Territory of Jammu and Kashmir or the maintenance of the public order or law and order.
05. Disposed of along with connected CM(s).
(RAJESH SEKHRI)
JUDGE SRINAGAR 09.09.2026 “Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document