Jammu & Kashmir High Court Rules Police Diary Insufficient for PSA Detention

IO_AdminAfrica1 hour ago9 Views

### Quick Summary
– The J&K High Court quashed a PSA detention against Mohammad Jaffer Sheikh from Kishtwar, Jammu, ruling that Daily Diary Reports (DDRs) with no specific allegations cannot justify preventive custody.
– Sheikh was detained under Section 8 of the J&K Public Safety Act, 1978 by the District Magistrate in november 2024 on claims he was acting prejudicial to state security.
– Advocates argued the detention relied on stale firs from 1997, 2015, and 2019 without proximate relevance and that necessary grounds of detention were not explained or provided.
– Justice M.A. Chowdhary stated personal liberty is paramount under Article 22 and cannot be curtailed without due safeguards.
– In another PSA case earlier this month, it was revealed during court proceedings that a detainee in Anantnag had been mistakenly held as authorities cited an FIR pertaining to another similarly named individual.

### Indian Opinion Analysis
The High Court’s decision underscores vital constitutional principles regarding personal liberty under Articles 21 and 22. Preventive detention laws like the PSA have often drawn scrutiny for broad interpretations risking misuse; hence judicial intervention ensures adherence to legality. The reliance on outdated FIRs or mistaken identities reflects procedural lapses that warrant systemic reforms in detaining practices. This ruling may set precedents for stricter judicial review over similar cases of preventive custody in J&K while reaffirming constitutional protections for citizens.

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