'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf Bhat

The High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act (PSA) detention of Advocate Muhammad Ashraf Bhat, who previously served as secretary of the erstwhile Kashmir Bar Association.

A bench of Justice Rahul Bharti quashed the detention order after pointing to the serious nature of preventive detention laws being a double-edged sword that can deeply impact both those who enforce it and against those it is used.

The court specially pointed out a serious procedural lapse wherein the petitioner was never informed about the outcome of his written representations challenging the detention. These representations had been submitted not just to the Advisory Board but also to the District Magistrate, Srinagar, and the Principal Secretary of the Home Department, J&K.

The Court noted that there was no record or communication produced by the authorities to show that the petitioner had been notified about any decision on his representations. The court said this lack of response further weakened the legal standing of the detention.

The court also emphasised that a similar detention order passed against the petitioner back in 2019 had already been overturned by the same High Court. Despite this, authorities failed to consider history before issuing the fresh order.

The court said this omission is too serious to be taken casually, much less by this Court as being the guardian of the fundamental rights of the citizens of India.

The court added that if the law is mishandled, the consequences fall on the authority, and the relief belongs to the one wrongly detained, which, the court pointed out, was exactly what had happened in the present case.

The court, taking all these issues into account, ruled that the detention could not stand in the eyes of the law and ordered the petitioner's immediate release. The jail authorities were directed to comply with the order without delay, restoring his personal liberty.

BACKGROUND

The petitioner, a 71-year-old practicing advocate, was detained under the Public Safety Act, 1978 passed by the District Magistrate, Srinagar. The detention was based on allegations that his activities were prejudicial to the maintenance of the security of the State.

The petitioner's wife, Mst. Asmat Hagroo, filed a writ petition on his behalf challenging the detention order and seeking the quashing of the preventive detention and his immediate release.

The preventive action was initiated on the basis of a dossier submitted by the Senior Superintendent of Police (SSP), Srinagar. In his communication the SSP reported that the petitioner, while enjoying his freedom, was allegedly involved in activities considered a threat to the security of the State.

APPEARANCE

R. A. Jan, Senior Advocate withMr Adil Mushtaq, Advocate; Mr Z. A. Qurashi, Senior Advocate RehanaFayaz, Advocate; Mohammad Younis, Advocate Advocate For Petitioner

Jehangir Ahmad Dar, GA For Respondents

Case-Title: Mohammad Ashraf Bhat vs Union Territory of J&K & Ors 

Citation: 2025 LiveLaw (JKL) 184

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