Krishna Dhaba Killing Case: HC Upholds PSA Detention Of Pulwama Youth

(MENAFN- Kashmir Observer) Srinagar- The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of an 18-year-old Pulwama youth under the Jammu and Kashmir Public Safety Act (PSA), observing that allegations against him indicated a potential threat to the security of the Union Territory.

The judgment was delivered by Justice Rahul Bharti in a habeas corpus petition filed by Vilayat Aziz Mir, a resident of Hunipora Wanpora in Pulwama district, through his father Abdul Aziz Mir.

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The petitioner had challenged his detention order issued by the District Magistrate Pulwama on April 30, 2025 under the PSA.

According to court records, the detention was based on a dossier submitted by the Senior Superintendent of Police, Pulwama, alleging that the youth was involved in activities prejudicial to the security of the Union Territory.

Authorities alleged that he had links with militants and overground workers and remained in contact with one Shakeel Ahmad alias Gazi through Facebook and WhatsApp.

The dossier also referred to the February 17, 2021 attack on Krishna Dhaba owner Akash Mehra in Srinagar. Mehra was shot by militants and later succumbed to injuries. The case was registered under FIR No. 11/2021 at Police Station Ram Munshi Bagh under provisions of the IPC, Arms Act and Unlawful Activities (Prevention) Act.

The court observed that although the petitioner was a juvenile at the time of the alleged offence, the accusations against him were serious in nature and linked to militancy activities.

“The age of the petitioner which is shown to be 18 years cannot count as an element of leniency to weigh in favour of the petitioner when the alleged state of activities of the petitioner are potential risk to the security of UT of JK,” the court observed.

Rejecting the challenge to the detention, Justice Bharti held that the grounds for preventive detention could not be faulted in view of the seriousness of the allegations.

“This Court is convinced that the basis for ordering the preventive detention of the petitioner cannot be faulted with,” the judgment stated while dismissing the petition as meritless.

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The petitioner had argued that the detention was based only on an old FIR registered in 2021 and that there was no fresh material justifying preventive detention in 2025.

It was also contended that all relevant documents had not been supplied to him, thereby affecting his constitutional right to make an effective representation against the detention order.

The petitioner had additionally sought compensation of Rs 2 lakh for alleged illegal detention.

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However, the court noted that the petitioner had failed to deny his alleged association with militants named in the dossier, including Riyaz Ahmad Dar alias Khalid alias Sheeraz and Shakeel Ahmad alias Gazi.

The judgment also referred to an earlier order passed by the Fast Track Court for POCSO cases in Srinagar while granting him bail under the Juvenile Justice Act in June 2024.

That order had described the Krishna Dhaba incident as a“terror attack” allegedly carried out as part of a conspiracy involving Pakistan-based handlers and local associates.

Subsequently, the High Court dismissed the habeas corpus petition and upheld the continued detention of the petitioner under the PSA.

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