Illegal Act Committed By A Juvenile Cannot Form Basis For Preventive Detention Under PSA: J&K&L High Court
Petitioner contended no fresh activity has been attributed after his release on bail and that the grounds of detention are vague.
Justice Sanjay Dhar, Jammu and Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that an illegal act committed by a juvenile does not stigmatize his future and cannot subsequently form the basis for issuance of a preventive detention order under the Public Safety Act (PSA).
A Bench of Justice Sanjay Dhar held, “An illegal act committed by a juvenile does not stigmatize his future and likewise, an illegal act committed by a juvenile cannot form basis for issuance of a detention order subsequently, more particularly when the juvenile cannot be detained under the Public Safety Act.”
The Court quashed a preventive detention issued by the District Magistrate, Shopian.
Advocate M. A. Makroo appeared for the Petitioner and Dy. AG Bikram Deep Singh appeared for the Respondents.
The petitioner had contended that the detention order was issued in breach of law, that there was total non-application of mind by the detaining authority, that the grounds of detention were vague and cryptic, that no fresh activity had been alleged against him after his release on bail in the previous FIR, and that the material relied upon had not been supplied to him.
The Court noted that the detenue was a juvenile at the time of his arrest in and his release on bail, a fact substantiated by a communication issued by the Headmaster, Government High School, Ahagam, Shopian, recording his date of birth as October 15, 2006, meaning he was below 18 years of age at the relevant time.
Referring to the Division Bench judgment in Tahir Riyaz Dar v. UT of J&K & Ors. (LPA No. 121/2025 decided on November 6, 2025), the Court held that the detenue could not have been detained under preventive laws for activities alleged to have been committed when he was a juvenile.
The Court also found that although the detenue had been released on bail in August 2022, the grounds of detention did not disclose any fresh activity attributed to him thereafter. It observed that the grounds of detention and the detention record were silent regarding the particulars of any alleged fresh activities after his release on bail and that there was no material on record to support the assertions of the detaining authority.
Holding that the impugned detention order was not sustainable in law, the High Court allowed the petition, quashed the preventive detention order, and directed the release of the detenue from preventive custody forthwith, provided he was not required in connection with any other case.
Cause Title: Zahid Ahmad Mir v. UT Of J&K & Ors., [2026:JKLHC-SGR:223]