Jammu and Kashmir High Court
HCP/127/2025 of SUHAIL AHMAD PARRAY TH.HIS BROTHER Vs UNION TERRITORY OF J AND K (HOME) AND ORS on 4 May 2026
Page 1 of 3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on : 03.04.2026 Pronounced on : 04.05.2026 HCP No. 127/2025 Suhail Ahmad Parray – Aged 27 S/o Zahoor Ahmad Parray R/o Bangar Mohalla Hajin District Bandipora through his brother Aqib Zahoor Parray.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Reserved on : 03.04.2026
Pronounced on : 04.05.2026
HCP No. 127/2025
Suhail Ahmad Parray – Aged 27
S/o Zahoor Ahmad Parray
R/o Bangar Mohalla Hajin District Bandipora through his brother Aqib Zahoor Parray.
…..Petitioner
Through: Ms. Humaira Shafi, Advocate
Vs
1. UT of J&K through its Principal Secretary to Home Department of J&K
at Civil Secretariat, Srinagar/ Jammu.
2. District Magistrate, Bandipora.
3. Superintendent District Jail Amphala, Jammu.
.…. Respondents
Through: Mr. Jahingeer Ahmad Dar, GA
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGEMENT
01. Heard learned counsel for both sides.
02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.
03. The petitioner has challenged his preventive detention which came to be ordered by virtue of an Order No. 02/DMB/PSA of 2025 dated 01.05.2025 by the respondent No. 2 – District Magistrate, Bandipora thereby reckoning the alleged state of activities of the petitioner prejudicial to the “Maintenance of Public Order” rendering it necessary to detain the petitioner under the Jammu & Kashmir Public Safety Act, 1978.
04. On the basis of said detention order, the petitioner came to be taken into preventive detention custody on 02.05.2025 and the detention order came to be approved by the Govt. in terms of an Order No. Home/PB-V/812 of 2025 dated 06.05.2025 followed by Advisory Board’s opinion report dated 22.05.2025 leading to passing of Govt. Order No. Home/PB-V/1214 of 2025 dated 12.06.2025 followed by further extension orders meant to last for full period of one year which is coming to expire soon at the time of hearing of this writ petition.
05. The petitioner has assailed his detention as illegal as under the garb of reference to the criminal cases pending against him, the petitioner has been handed over punitive punishment under the garb of preventive detention.
06. A bare perusal of the grounds of detention as formulated by the respondent No. 2 – District Magistrate, Bandipora would show that not only the alleged antecedents of the petitioner forming basis for ordering his preventive detention are stale on which there could not have been any consideration for ordering preventive detention of the petitioner but even those are in the realm of “Law and Order” and not in the arena of “Maintenance of Public Order.”
07. In the light of aforesaid, this Court holds the preventive detention of the petitioner illegal which warrants to be set aside.
08. Accordingly, detention Order No. 02/DMB/PSA of 2025 dated 01.05.2025 passed by the respondent No. 2 – District Magistrate, Bandipora alongwith approval/ confirmation order passed by the Govt. of UT of J&K through Home Department are set aside. The petitioner is directed to be restored to his personal liberty by his immediate release from the concerned jail for which the Superintendent concerned to act in abidance.
09. Disposed of.
(RAHUL BHARTI) JUDGE SRINAGAR
04.05.2026
Opinder
Whether the judgment is speaking : Yes / No
Whether the judgment is reportable : Yes / No