J&K High Court quashes preventive detention; mere book possession insufficient grounds

The Jammu and Kashmir High Court quashed a preventive detention order issued against a petitioner, finding the detaining authority had acted without applying its mind to the case. Justice Moksha Khajuria Kazmi allowed the habeas corpus petition, directing the petitioner's immediate release from custody.
The court rejected the detention order dated 13 September 2025, noting the allegations were based on a false belief. The detaining authority had mechanically relied on an FIR under the Arms Act and UAPA sections, ignoring that the petitioner had already been granted bail by the Special Judge, NIA, Jammu, on the same date.
The court held that mere possession of books with titles relating to political or religious themes cannot, by itself, justify preventive detention. The grounds cited were vague and lacked direct nexus with the petitioner, depriving him of his constitutional right to make an effective representation.



