HUZAIF AHMAD DAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellant was detained pursuant to an order dtd. 20/4/2024, issued by respondent No. 2 under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as "the Act"). The said detention order was challenged by the appellant through HCP No. 191/2024, titled "Huzaif Ahmad Dar v. Union Territory of J&K and Others". However, the appellant remained unsuccessful, as the Habeas Corpus Petition preferred by him was dismissed by the learned Writ Court vide judgment dtd. 7/8/2025.

(2.) Being aggrieved of judgment dtd. 7/8/2025, the appellant has assailed the impugned judgment, inter alia, on the grounds that the learned Writ Court has failed to properly appreciate and consider the grounds raised in the petition. It is contended that the alleged last activity attributed to the appellant pertains to the year 2022 in connection with FIR No. 219/2022, in which the appellant was already released owing to the absence of any incriminating evidence against him. It is further contended that the order of detention has been passed in an arbitrary and mechanical manner, clearly demonstrating non-application of mind on the part of the detaining authority, as there existed no valid ground to detain the appellant under the provisions of the Act.

(3.) Learned counsel for the appellant has submitted that the order of detention has been passed on vague and unsustainable grounds, however, the learned Writ Court has failed to appreciate the same in its proper perspective. It is further argued that the learned Writ Court also did not take into consideration that there was no live and proximate link between the last alleged illegal activity attributed to the appellant and the object sought to be achieved by passing the order of detention.