Jammu and Kashmir High Court Quashes Detention Order Under Public Safety Act

Court Rules Detention Grounds Against Tahir Riyaz Dar as Vague and Unsubstantiated

In a significant ruling, the Jammu and Kashmir High Court has quashed the detention order against Tahir Riyaz Dar, who was detained under the Jammu and Kashmir Public Safety Act, 1978. The Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, delivered the judgment on November 6, 2025, setting aside the previous writ court decision and ordering the immediate release of the appellant.

The appellant, Tahir Riyaz Dar, had been detained based on allegations of providing logistical support to terrorists and instigating youth to join terrorist ranks. However, the court found the grounds of detention to be vague and lacking specificity. The judgment emphasized that the grounds for detention must be clear, precise, and relevant to allow the detenu to make an effective representation against the detention order.

The court also noted that some of the allegations against Dar pertained to activities when he was a juvenile, which cannot form the basis for a detention order under the Public Safety Act. The court highlighted that the detaining authority failed to provide specific details or incidents to substantiate the need for preventive detention, rendering the detention order unsustainable.

In its judgment, the court referred to important precedents, including Ameena Begum v. State of Telangana and Fazalkhan Pathan v. Police Commr., which outline the necessary tests for the validity of a detention order. The court reiterated that the grounds of detention must have a rational probative value and should not be based on stale or vague allegations.

This decision underscores the judiciary's role in ensuring that preventive detention laws are not misused and that individuals' rights are protected against arbitrary state action. The court's ruling mandates the release of Tahir Riyaz Dar unless he is required in connection with any other case.

Bottom Line:

Preventive Detention - Grounds of detention must not be vague, ambiguous or unintelligible. The detenu must be supplied with clear, precise, and unambiguous grounds of detention in a language intelligible to him to enable him to make an effective representation against the detention order.

Statutory provision(s): Section 8 of J&K Public Safety Act, 1978

Tahir Riyaz Dar v. UT of J&K, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc Id # 2804761