Srinagar, Aug 29: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of an Anantnag resident under the Public Safety Act (PSA), describing the proceedings as a “sham exercise” and a “gross abuse of preventive detention jurisdiction”.
A Bench of Justice Rahul Bharti, while disposing of a habeas corpus petition, directed the immediate release of Mehraj-Ud-Din Khanday from District Jail, Udhampur, holding that the detention was vitiated from its inception by an apparent predetermination of the outcome.
Khanday had challenged detention order No. 22/DMA/PSA/DET/2025, issued by the District Magistrate, Anantnag, on May 15, 2025. The order had placed him under preventive detention on the ground that his activities were allegedly prejudicial to the security of the State.
During examination of the official record, the Court found that the District Magistrate had approached the Director General of Police (Prisons) on May 14, 2025, seeking confirmation of Khanday’s lodgement at District Jail, Udhampur. The request was approved on the same day—before the formal grounds of detention were prepared and before the detention order was issued.
Justice Bharti observed that the sequence of events indicated that the decision regarding detention and jail lodgement had effectively been taken before the police dossier was formally considered by the detaining authority.
The Court said that if the District Magistrate had already predetermined the detention, the subsequent formulation of grounds and issuance of the detention order amounted to a “sham exercise”, undermining the constitutional safeguards governing preventive detention.
The Bench also criticised the role of the administration and the Advisory Board, observing that the alleged illegality had not been detected during the subsequent stages of approval and confirmation.
The Court further noted that the only criminal antecedent specifically referred to was a 2007 Arms Act case, in which Khanday was acquitted by the Sessions Court, Anantnag, in October 2012.
The police dossier subsequently accused him of being an overground worker for Hizb-ul-Mujahideen and referred to the Baisaran Pahalgam tourist killing. The Court noted that the District Magistrate had reproduced the dossier substantially verbatim as the grounds of detention, raising questions over independent application of mind.
Allowing the petition, the High Court quashed the original detention order as well as all subsequent confirmation and extension orders and directed the Superintendent of District Jail, Udhampur, to release Khanday forthwith.
Advocates Rizwan ul Zaman and Danish Khursheed appeared for the petitioner, while Senior Additional Advocate General Mohsin Qadri, assisted by Rahila Khan, represented the J&K administration.