Father Being Ex-Militant, Possession Of 'Dispiriting' Books Not Enough For PSA Detention: J&K&L HC

The Jammu & Kashmir and Ladakh High Court on September 2 quashed the preventive detention of Shafat Maqbool Wani under the Public Safety Act, holding that his father being a former militant and possession of 'dispiriting' books described as "anti-national literature" could not, by themselves, justify preventive detention.

Justice Moksha Khajuria Kazmi observed that the authorities had failed to demonstrate any specific subversive activity by Wani warranting his detention.

Wani had challenged a detention order dated September 13, 2025, passed by the District Magistrate, Kupwara, under the J&K Public Safety Act. The order stated that he was being detained to prevent activities detrimental to the security of the State.

The detention grounds referred, among other things, to Wani's alleged involvement in a 2025 FIR under Sections 13, 17 and 18 of the UAPA. The Court noted that he had already been granted bail by the Special Judge, NIA, Jammu, after the NIA's request for extension of remand beyond 155 days was rejected.

The authorities also relied on Wani's family background, stating that his father was an ex-militant affiliated with Al-Barq who had surrendered in 1990. They further referred to his invitations to international academic conferences and books allegedly seized from him, including works concerning Hindutva and Kashmir.

Assertion is 'Delusory'

The High Court found that the authorities had not identified any specific activity by Wani demonstrating conduct prejudicial to the security of the State.

It held: "The said assertion is delusory and the preventive detention, ordered so conveniently on such imaginary belief, is nothing but an unmindful exercise of power."

The Court also noted that, apart from his involvement in the FIR, "no prejudicial activity even for namesake has been attributed to the petitioner."

Relying on the Supreme Court's decision in Ameena Begum v. State of Telangana, the Court reiterated that preventive detention requires the detaining authority to apply its mind to relevant circumstances and establish a live and proximate link between the past conduct and the imperative need for detention.

Mere possession of Books not Enough

The Court was also critical of the reliance on the literature allegedly seized from Wani namely : "Construction of an Islamic Order in Hindutva reimagination”; “The saffronization of occupied Kashmir, Demystifing Hindutva Settlers, Colonial Designers".

It noted that the literature had been wrongly attributed to him as having been authored by him. Since Wani was an academic scholar, the Court observed that possession of a variety of literary works could not, without more, justify preventive detention.

The Bench held: "A mere possession of the books with dispiriting titles does not ipso facto make the petitioner/detenue a criminal against whom the preventive detention was required to be invoked."

Finding the detention legally unsustainable, the High Court quashed the detention order and directed that Wani be released from preventive custody forthwith.

Case Title - Shafat Maqbool Wani through his paternal uncle v UT of J&K and others