SURAJ MASIH Vs. U.T. OF J&K

JUDGEMENT

(1.) Appellant was detained in terms of order of detention No. PSA/157 dtd. 20/5/2025 issued by respondent No. 3 under Sec. 8 of Jammu and Kashmir Public Safety Act (for short ,,the Act). Aggrieved of the order of detention ibid, the appellant preferred the writ petition bearing HCP No. 75/2025, titled, "Suraj Masih vs. UT of J&K and others", thereby challenging the same but remained unsuccessful, as the HCP preferred by the appellant was dismissed by the learned Writ Court in terms of judgment dtd. 1/8/2025.

(2.) The appellant, being aggrieved of the judgment dtd. 1/8/2025, has challenged the same on the ground that the learned Writ Court has not rightly appreciated the contentions of the appellant. It is further contended that the investigation in FIR No. 202/2024 registered with Police Station, Kathua under Sec. 140(4)/118/3(5) of BNS was closed as ,,not admitted and the closure report was accepted by the learned JMIC, Kathua in terms of order dtd. 20/11/2024.

(3.) Ms. Palvi Sharma, learned counsel for the appellant has submitted that the offences arising out of FIR No. 136/2021 were compounded by the Court of learned JMIC, Hiranagar, as is evident from the order dtd. 14/12/2023 but this fact was never brought to the notice of the Detaining Authority and as such, the order of detention cannot be sustained in law. She further contended that the investigation in the last FIR bearing FIR No. 202/2024 was closed as "not admitted" and once the primary basis of the detention order, i.e. FIR No. 202/2024 stood removed, the appellant could not legally be detained based on previous FIRs alone, as they lacked a proximate and live link with the detention order.