Jammu and Kashmir High Court
WP(Crl)/733/2022 of UMAR MUKHTAR NAQEEB Vs GOVERNMENT OF J AND K AND ORS. (HOME DEPARTMENT) on 9 July 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(Crl) No. 733/2022 CrlM No. (1386/2022) CrlM No. (1125/2023) Umar Mukhtar Naqeeb …Applicant(s)/Petitioner(s) Through: Mr. Saleem Gul, Advocate and Ms. Rakshanda Bashir, Advocate VERSUS Govt. of J&K And Ors. …Respondent(s)
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(Crl) No. 733/2022
CrlM No. (1386/2022)
CrlM No. (1125/2023)
Umar Mukhtar Naqeeb
…Applicant(s)/Petitioner(s)
Through: Mr. Saleem Gul, Advocate and
Ms. Rakshanda Bashir, Advocate
VERSUS
Govt. of J&K And Ors.
…Respondent(s)
Through: Ms. Maha Majeed, Assisting Counsel vice
Mr. Mohsin Qadri, Sr. AAG
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
09.07.2026
1. The institution of this writ petition came to take place on 11.11.2022 when the petitioner- Umar Mukhtar Naqeeb came forward with a cause posing challenge to a course of action purportedly under J&K Public Safety Act, 1978 on the basis whereof he was intending checkmating his preventive detention intended to take place by reference to an order No. DMS/PSA/149/2022 dated 04.11.2022 passed by the District Magistrate, Srinagar thereby directing the detention of the petitioner so as to Sr. No. 8 Regular prevent him from acting in a manner prejudicial to the maintenance of security of the State.
2. The execution of detention warrant was to be carried out by the Senior Superintendent of Police, Srinagar and the District Police Establishment under his command and control but no such arrest and detention came to take place. This Court, in terms of the order dated 14.12.2022, by keeping in consideration the reported health condition of the petitioner directed the detention order to remain in abeyance and that is how, till date, the detention of the petitioner has not taken effect.
3. It is very intriguing for this Court to take due notice that the detention order along with grounds of detention landed in the hands of the petitioner but the petitioner did not land in the hands of the District Police, Srinagar. This observation of this Court is good enough statement on the manner in which the District Police took the matter of carrying out the
execution of the detention warrant vis-à-vis the petitioner.
4. Be that as it may, given the fact that the petitioner has been enjoying the interim direction of this Court which has insulated him from suffering detention at the hands of the respondent No. 3- Senior Superintendent of Police, Srinagar in execution of the detention order so issued by District Magistrate, Srinagar, this Court is of the view that the very purpose of the detention order, which at the relevant point of time was relatable to the then state of activities of the petitioner, has lost its efficacy and, therefore, cannot be allowed to stay on record for the purpose of ritual of arrest of the petitioner and then another writ petition coming up for seeking quashment of the very said detention order.
5. In the light of the aforesaid, this Court quashes the detention order No. DMS/PSA/149/2022
dated 04.11.2022 passed by the District Magistrate, Srinagar.
6. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR 09.07.2026 Akhil Dev