J&K HC summons Srinagar deputy commissioner to pass detention order under PSA ‘without application of mind’

The Jammu and Kashmir High Court on Thursday sought the personal appearance of the deputy commissioner of Srinagar over the “recklessly and mechanically passed order of detention without proper application of mind” while hearing a preventive detention case under the Public Safety Act (PSA).

“Personal liberty is of paramount importance in the constitutional system. Deprivation of it, even for a single day, constitutes an injury which cannot subsequently be remedied by mere restoration of liberty,” said Justice Wasim Sadiq Nargal. The judge issued the order in the case regarding the remand of the Valley accused “on the basis of allegations of his alleged association with terrorist elements and activities allegedly prejudicial to the security of the state”.

“Preventive detention, which is an exceptional deviation from ordinary criminal proceedings, must therefore be carried out with maximum caution and strict observance of the guarantees established by the Constitution and applicable law. The more extraordinary the power, the greater the obligation to ensure that its execution remains within the limits of constitutional legitimacy,” said the judge.

“Explanation sought”

The court directed the Deputy Commissioner to appear in person on the next date of hearing “to explain why he recklessly and mechanically issued the impugned detention order without due consideration”. The case was listed on Thursday.

Judge Nargal ruled that in this case the nature of the allegations, the apparent absence of specific material details about the detention and the prima facie concerns about the way the detention order was worded merited further scrutiny.

“This court is of the opinion that the matter cannot be allowed to proceed without seeking an explanation from the body constitutionally and legally charged with issuing the impugned order. The problem is not limited to the individual complaints raised in the motion, but also concerns the manner in which the extraordinary power of preventive detention is exercised and the extent to which the required independent record of the mind is observed.”

Published – 22 Oct 2026 01:08 IST