Srinagar, March 13: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Pulwama resident under the Jammu and Kashmir Public Safety Act after finding factual inconsistencies in the government records related to the case.
The petitioner was represented by advocates Zamir Abdullah and Zahir Abdullah, sons of Omar Abdullah, the Chief Minister of Jammu and Kashmir.
Justice Rahul Bharti, presiding at the Srinagar bench, passed the order while hearing a petition filed by Mudasir Ahmad Bhat, a resident of Pulwama who had been detained since May 2025. The court opened the 15-page judgment by quoting physicist Albert Einstein, stating that carelessness with truth in minor matters raises questions about reliability in important issues.
Bhat, who worked as a salesman in a local tin shop, had been detained on allegations of supporting militant activities in the Mitrigam area of Pulwama. He challenged the detention order issued by the District Magistrate Pulwama before the High Court.
During the hearing, the court examined the detention records and pointed out discrepancies in the documents relied upon by the authorities. According to the judgment, the grounds of detention referred to a police summons dated February 23, 2025, which did not exist in the police dossier submitted in the case.
The court also noted a communication from the Superintendent of District Jail Udhampur indicating that the detainee had been in custody since December 5, 2024. This date preceded the formal detention order issued by the District Magistrate on April 30, 2025.
Justice Bharti observed that such inconsistencies reflected a lack of coordination among authorities handling the case. The judgment stated that the situation demonstrated serious lapses in the handling of a matter concerning personal liberty.
The court held that the errors undermined the legality of the detention and declared the order unsustainable in law. Consequently, the detention order issued by the District Magistrate Pulwama was quashed.
Justice Bharti directed the Superintendent of District Jail Udhampur to release Mudasir Ahmad Bhat immediately, provided he was not required in any other case.
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