Jammu and Kashmir High Court
HCP/113/2025 of TAWSEEF AHMAD RATHER Vs UNION TERRITORY OF J AND K AND ORS. (HOME) on 1 April 2026
Page 1 of 3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on : 01.04.2026. HCP No. 113/2025 Tawseef Ahmad Rather (aged 26 years) S/o Gh. Rasool Rather, R/o Rather Mohalla Panner Jagir Tral, District Pulwama Through his father Gh. Rasool Rather (aged 60 years) S/o Gh.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Pronounced on : 01.04.2026.
HCP No. 113/2025
Tawseef Ahmad Rather (aged 26 years)
S/o Gh. Rasool Rather,
R/o Rather Mohalla Panner Jagir Tral, District Pulwama Through his father Gh. Rasool Rather (aged 60 years)
S/o Gh. Qadir Rather
R/o Rather Mohalla Panner Jagir Tral
District Pulwama.
…..Petitioner
Through: Mr. Sheikh Hilal, Advocate
Vs
1. Union Territory of Jammu and Kashmir, through Principal Secretary, Home Department, J&K Govt., Civil Sectt., Srinagar/ Jammu.
2. Divisional Commissioner Kashmir, Srinagar.
3. Sr. Superintendent of Police Awantipora, District Pulwama.
4. Superintendent of District Jail Udhampur, District Udhampur.
.…. Respondents
Through: Mr. Mohsin S. Qadri, Sr. AAG
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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JUDGMENT
01. Heard learned counsel for both sides.
02. Perused the writ record and the documents therewith.
03. The petitioner came up with the present writ petition filed on 20.05.2025 thereby challenging his preventive detention custody effected upon him by virtue of an Order No. DIVCOM-“K”/76/2025 dated 26.04.2025 passed by the respondent No. 2 – Divisional Commissioner, Kashmir in purported exercise of power under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short “PIT NDPS Act, 1988”).
04. This Court, in terms of an order dated 21.05.2025, came to admit the writ petition for final hearing thereby inviting counter affidavit to the writ petition which remained unfiled leading to the closure of right to file counter affidavit in terms of an order dated 03.11.2025.
05. In view of the fact that the respondents have chosen not to contest the present writ petition of the petitioner, therefore, this Court is under no obligation to evaluate the legality and validity of the detention order so passed against the petitioner as when the respondents themselves are not coming forward in defending their action/decision which has left the petitioner deprivation of his personal liberty, then this Court is not supposed to act and bat for the respondents.
06. Therefore, the writ petition is allowed. Detention Order No. DIVCOM-“K”/76/2025 dated 26.04.2025 passed by the respondent No. 2 – Divisional Commissioner, Kashmir read with approval/confirmation order passed by the Government of UT of Jammu and Kashmir are hereby quashed and the petitioner if continue to be under the preventive detention custody be released from the concerned jail forthwith.
07. Disposed of.
(RAHUL BHARTI) JUDGE SRINAGAR
01.04.2026
Opinder
Whether the judgment is speaking : Yes / No
Whether the judgment is reportable : Yes / No