The Jammu & Kashmir and Ladakh High Court quashed preventive detention under the PITNDPS Act because the grounds relied on the 2021 and 2024 FIRs without identifying fresh illegal activity after bail in March 2025.
Judge / Bench — Justice Rajnesh Oswal
The approximately nine-month delay in issuing the December detention order was unexplained; undated beat and CID reports contained vague allegations. A separate October BNSS detention did not cure the deficiency because the detaining authority had not relied on it in the stated grounds. The Court held that the live and proximate link had been severed and ordered release from preventive custody unless required in another case. The representation-right challenge was not necessary to resolve the petition.
Case — Jatinder Singh alias Jeetu v. UT of J&K and others · HCP No. 08/2026 · 23 October 2026 · Srinagar wing
Advocates appearing — Petitioner — Mr. Wajid Haseeb, Advocate. Respondents — Mr. Younis, Assisting Counsel, vice Mr. Mohsin Qadiri, Sr. AAG.