The Jammu & Kashmir and Ladakh High Court quashed preventive detention under the Public Safety Act because the Government took about eight weeks to decide the detenue’s representation without explaining the delay.
Judge / Bench — Hon’ble Mr. Justice Sanjay Dhar, Judge
The constitutional and statutory opportunity to represent requires an expeditious decision, not merely receipt or forwarding of the representation. A second defect independently vitiated detention: although the rejection communication directed the Jail Superintendent to inform the detenue and obtain an acknowledgement, the record contained no proof that the result was actually conveyed. Applying the Supreme Court’s procedural-safeguard principles, the Court ordered immediate release from preventive detention unless required in another case. Counsel should examine both decision-making delay and proof of communication of the result.
Case — Vikash Singh v. Union Territory of Jammu and Kashmir and others · HCP/53/2026 · 30 October 2026 · Jammu wing
Advocates appearing — Petitioner — Mr. G. S. Thakur, Advocate. Respondents — Mr. P. D. Singh, Dy. AG.