x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   ABVP's DUSU sweep leaves Rahul Gandhi cornered | Youth stand firmly with ‘Nation First’ ideology: Amit Shah | Notice served, clock ticking: Bhalwal becomes next Rohingya crackdown zone | 2 years on, 5 nominated seats still empty: Assembly heads into Autumn session | Asian Games officially open in Nagoya, India eye repeat of Hangzhou success | India's GDP will rise to USD 38 trillion in 20 years: NSA Doval | Ladakh's rock check dams withstand 200-cusec water flow | Police raid jewellery shop in Poonch, recover 5 AK-47 rounds, Pakistani currency | Man killed, 5 injured in Doda accident | Amit Kumar Gupta gets addl charge | Fire breaks out in Poonch District Hospital | BSF vehicle overturns; 5 jawans injured | 7 drug peddlers arrested in separate operations | Common Cold: Profile, Treatment and Precautions | From Space to Sea: ISRO Detects El Niño’s Impact on the Indian Ocean | Relationships: The Priceless Wealth of Life | The teachers who taught a generation but were never allowed to plan their own future | Dr. Ritu Singh, DLSA sensitise educators on juvenile justice, child protection | Bank of Baroda expands Footprint in HP with New Branch in Nahan | DDC Poonch reviews progress of road projects in rural areas | Folk dance programme held in Bhaderwah | DC flags off Census-2027 Publicity Vehicle | First street food vendor training programme held at Jammu | PM Modi extends best wishes to Indian contingent at Asian Games | Nandkishwar Temple Trust delegation meets MLA Sham Lal Sharma, seeks comprehensive renovation and restoration of historic shrine | FICCI FLO JKL announces Marathon 4.0 in Collaboration with Jammu Tourism, with a purpose to set up Jammu's First Women's Skilling Centre | Rana inaugurates Rs 6.53 crore water project in Channi Himmat, Bahu | Sunil Sharma holds extensive public outreach in Srinagar, hears people's concerns | Jammu police holds PCPG meeting at Police Station Khour and Police Post Pallanwala | Reasi police nabs drug peddler, Heroin recovered at Katra | Rahul Sahai addresses ICC Global Business Summit Edition 2 | AIIMS Jammu hosts two-day Arthroplasty Beginners Course | SpiceJet passengers face tough time at Delhi airport due to flight delays | 10 foreign nationals face deportation after Delhi Police drive | L-G VK Saxena empowers Naib-Tehsildars to issue reserved category and income certificates | SPPND GDC Samba celebrates Hindi Diwas with Week-Long Series of Literary Activities | MIER College organises sessions on "Entrepreneurship in Psychology" and "Decoding Gen Z" | One day awareness camp organized by Civil Defence, Jammu | Mexican Coach Patrice Ramos conducts three-day Padel Clinic in J&K | New Chapter Begins: PSPS GCW Gandhi Nagar hosts Freshers' Party 2026 | WMDA conducts sanitation drive around Manasbal Lake | University of Jammu organises panel discussion on "BRICS 2026: The Delhi Declaration" | GDC Ramgarh organizes one-day lecture on financial literacy in collaboration with SEBI | LPU records 51 student job offers and signs MoU with Orangewood at 8th International Conference | DBU celebrates Research & Innovation Excellence at Core Research Excellence Awards-2026 | DDPS Student Creates National Record in Powerlifting | MCM champions for a cooler planet on World Ozone Day | JIAR hospital organizes Ayurvedic Medical Camp | Back Issues  
 
news details
Live security threat justifies PSA despite bail: HC
7/28/2026 9:54:39 PM
Early Times Report

Jammu, July 28: The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of a Tral resident under the Public Safety Act, ruling that grant of bail in criminal cases does not bar the authorities from invoking preventive detention where the material discloses a continuing and proximate threat to the security of the State.
Justice Shahzad Azeem dismissed the habeas corpus petition filed on behalf of 25-year-old Sakib Akbar Waza of Gulshanpora, Tral, challenging the detention order passed by the District Magistrate, Pulwama, on May 1, 2025. Waza is presently lodged in District Jail, Kathua.
The petitioner had alleged that the detaining authority mechanically relied upon the dossier submitted by the police without independently applying its mind. It was also contended that the detention order, grounds and supporting material were not supplied to the detenue, thereby depriving him of his constitutional right to make an effective representation.
The petitioner further claimed that the detention grounds were vague and were neither explained nor supplied in Urdu or Kashmiri. Another major ground of challenge was that the detenue had already been granted bail in the FIRs forming the basis of the PSA order.
After examining the detention record, the High Court found that the detenue had been provided 46 leaves comprising the detention order, grounds of detention, police dossier and other supporting documents.
The execution report recorded that the entire material was read over and explained to the detenue in Kashmiri and Urdu. Translated copies of the grounds of detention and police dossier were also supplied to him, and their receipt was acknowledged by his signatures.
The court noted that the Advisory Board had also examined the detention and found it to be well-founded and in conformity with Article 22(5) of the Constitution and the provisions of the Jammu and Kashmir Public Safety Act. The Government subsequently confirmed the detention under Section 17(1) of the Act.
According to the material placed before the District Magistrate, Waza had earlier been arrested in FIR No. 153 of 2020, arising out of an anti-militancy operation in which a militant was killed. He was subsequently enlarged on bail.
He was also allegedly involved in FIR No. 24 of 2021, relating to an encounter in which two militants of Ansar Ghazwat-ul-Hind were killed and arms and ammunition were recovered.
The detention record further alleged that despite the criminal cases and repeated preventive proceedings, the detenue continued to indulge in activities prejudicial to State security, including sharing information about the movement of security forces and providing logistical support to militants.
Rejecting the argument that preventive detention could not be ordered when ordinary criminal law was available, the High Court held that preventive detention is precautionary in nature and is qualitatively different from punitive imprisonment.
Relying upon Supreme Court judgments, the court observed that a preventive detention order may be passed before, during or after prosecution and even after the detenue has been discharged or acquitted in a criminal case.
The court said that the preventive proceedings initiated shortly before the detention order provided a live and proximate link between the alleged prejudicial activities and the subjective satisfaction reached by the District Magistrate.
It further observed that constitutional courts do not sit as appellate authorities over the subjective satisfaction of a detaining authority. Once the order is based on relevant material and procedural safeguards have been complied with, the court cannot substitute its own opinion for that of the competent authority.
Finding no violation of constitutional or statutory safeguards, the High Court dismissed the petition and upheld the PSA detention order.
Advocate Sheikh Aamir Mushtaq appeared for the petitioner, while Government Advocate Jehangir Ahmad Dar represented the Union Territory administration. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU