Jammu & Kashmir High Court – Srinagar Bench
Rouf Ahmad Wani vs Union Territory Of J And K And on 10 March, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
S.No.10
Regular List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
HCP 43/2025
CM(978/2025)
CM(979/2025)
ROUF AHMAD WANI ...Petitioner(s)/Appellant(s)
Through: Mr. Arif Hussain Bhat, Advocate
Vs.
UNION TERRITORY OF J AND K AND ...Respondent(s)
ORS.
Through: Mr. S.S. Kala, AAG
CORAM:HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
10-03-2025
1. Bearing an apprehension that J&K Public Safety
Act 1978 has been set into effect by the District
Police and the District Magistrate Anantnag as a
matter of witch-hunt against the petitioner without
the petitioner having indulged in any act of omission
or commission falling within the scope of mischief
of section 8 of the J&K Public Safety Act, 1978, the
petitioner came forward with the present writ
petition bearing a plea that by purported reference to
an order No. 26/DMA/PSA/DET/2024 dated 24-10-
2024 passed by the District Magistrate Anantnag,
the petitioner is sought to be chased and detained
under the J&K Public Safety Act, 1978 which is
going to seriously peril the personal liberty of the
petitioner in case of the said detention order getting
executed upon him. Thus, in essence the writ
petition came to be instituted at the pre-execution
stage of detention order No.
26/DMA/PSA/DET/2024 dated 24-10-2024.
2. This Court, in terms of an order dated 05-03-2025,
called upon the District Magistrate Anantnag to
place on record a copy of the detention order as
referred in the writ petition to confirm the fact as to
whether such order relates to the petitioner or is
meant for some other person.
3. Today, Mr. S. S. Kala, learned AAG, has come
forward with a copy of order No.
26/DMA/PSA/DET/2024 dated 24-10-2024 issued
by the District Magistrate Anantnag whereby the
petitioner namely Rouf Ahmad Wani @ Faheem son
of late Abdul Rashid Wani resident of Dooru
Shahabad, District Anantnag has been ordered to be
detained under the J & K Public Safety Act, 1978 in
order to prevent him from acting in a manner
prejudicial to the maintenance of public order of UT
of J&K.
4. The District Magistrate, Anantnag has purportedly
acted upon a dossier submitted by the Senior
Superintendent of Police (SSP), Anantnag vide
letter No. CS/71/2024/19207-12 dated 10-09-2024.
In the grounds of detention accompanying the order
of detention so produced, the antecedents of the
petitioner being adversely commented upon are all
relatable to the cases of 2005/2006/2007 all being
stale by point of reference so as not to constitute any
live basis for preventive detention of the petitioner
only FIR No. 16/2020 under section 420/120-B of
the Indian Penal Code of the Police Station Achabal
is the latest reference point against the petitioner.
5. Offence under section 420 India Penal Code by no
stretch of legal reasoning and the authority of law
obtaining on the subject enable preventive detention
of a person. Maintenance of Public Order is
distinctly placed vis-à-vis the Law and Order
problem and therefore, this Court finds a case made
out for indulgence.
6. Let response be filed to the writ petition by the
respondents along with production of the file
relatable to the passing of the detention order No.
26/DMA/PSA/DET/2024 dated 24-10-2024.
7. The detention order produced, today, by Mr. S.S.
Kala is taken on record.
8. List on 21st April, 2025.
9. In the meantime, the respondents are directed not to
detain the petitioner in execution of detention order
No. 26/DMA/PSA/DET/2024 dated 24-10-2024
passed by the District Magistrate Anantnag. This
order is, however, subject to objections and till next
date of hearing before the Bench.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
10-03-2025
Mubashir