BAHAAR NABI MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellant was detained pursuant to an Order No.08/DMB/ PSA/ 2025 dtd. 29/4/2025, issued by respondent No.2-District Magistrate, Baramulla, 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. 180/2025, titled "Bahar Nabi Mir Vs. Union Territory of J&K and Others". However, the appellant remained unsuccessful, as the Habeas Corpus Petition preferred by the appellant was dismissed by the learned writ Court vide judgment dtd. 16/12/2025 (hereinafter referred to as 'the impugned judgment').

(2.) Being aggrieved of the impugned judgment dtd. 16/12/2025, the appellant has assailed the same, inter alia, on the following grounds:-

(3.) Learned counsel for the appellant has submitted that, in the grounds of detention, no illegal activity has been attributed to the appellant after he was enlarged on bail by the learned trial Court in FIR No. 185/2019 and, in the absence of any such subsequent activity, the appellant could not have been detained under the Act. It is further contended that, in the reply affidavit, the respondents have admitted that the representation dtd. 16/5/2025 was considered and decided vide order dtd. 1/9/2025, and the same was duly communicated to the appellant.