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J&K High Court Quashes Two PSA Detentions Over Procedural Lapses

Justice M. A. Chowdhary held that preventive custody must satisfy Article 22 due-process requirements.

Overview

  • On September 11, the High Court set aside PSA orders against Mohammad Jaffer Sheikh of Kishtwar and Sunil Kumar alias Kashu of Samba.
  • In Sheikh’s case, the court found that police diary entries and stale FIRs lacked a proximate link to a present public-order threat and that key material and representation rights were not properly communicated.
  • The Union Territory cited alleged over-ground worker links and a supposed risk to the Pakal-Dul project, but the judge said the record did not justify preventive detention.
  • For Sunil Kumar, the court noted the cited FIRs largely involved minor offences, including IPC Section 188 and animal-cruelty provisions, which are addressable under ordinary criminal law.
  • The court quashed both orders and directed immediate release unless either detainee is required in connection with another case.