J&K HC: 'Vague Allegations, No Basis For Preventive Detention' - Kashmir Observer

(MENAFN- Kashmir Observer) Srinagar- Underlining that vague allegations cannot form the basis of preventive detention and that unexplained delay in considering a detainee's representation infringes his valuable procedural rights, the High Court of J&K and Ladakh has quashed the PSA detention order against a Shopian resident.

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A bench of Justice Rajnesh Oswal while allowing a petition filed by Mashooq Ahmad Shah, held that the detention grounds lacked necessary particulars and had prevented him from making an effective representation against his detention. The court also found that the authorities had taken more than one-and-a-half months to decide his representation without offering any explanation for the delay.

The authorities had contended that intelligence inputs indicated that Shah was involved in activities considered prejudicial to the security of the Union Territory. They also stated that he had earlier been bound down under Sections 126/170 of the BNSS.

The court, however, found the allegations in the detention grounds to be vague and lacking material particulars. It noted that the grounds did not specify when Shah had allegedly attempted to contact youth or identify the persons with whom he was said to have established contact. The court also observed that associations or persons allegedly having extremist leanings, with whom he was stated to maintain contact, had not been named.

The court further held that such vagueness deprived the detainee of an effective opportunity to make a representation against his detention and amounted to a violation of the constitutional guarantee under Article 22(5). The court observed that vagueness in the grounds of detention strikes at the root of the subjective satisfaction of the detaining authority and vitiates the detention order.

The court also took note of the delay in considering Shah's representation. The representation was received on January 14, 2026, but was decided only on March 2, 2026, with no explanation offered by the respondents for the delay of more than one and a half months.

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Referring to the Supreme Court's judgment in Sarabjeet Singh Mokha vs District Magistrate, Jabalpur, the bench held that an unexplained delay in deciding a detainee's representation infringes the valuable procedural safeguards available under preventive detention law.

The court further held that Section 13 of the J&K Public Safety Act requires the grounds of detention to be communicated within the prescribed period and provides the detenue an earliest opportunity to make a representation. It said the representation must consequently be considered at the earliest opportunity.

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Holding that the unexplained delay rendered the detention order illegal, the court quashed the order(No.16/DMS/PSA of 2025), passed by the District Magistrate, Shopian, on December 23, 2025.

Subsequently it directed the respondents to release Shah from preventive custody forthwith, provided he was not required in connection with any other case.

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