The Jammu and Kashmir High Court has quashed a preventive detention order framed under the Public Safety Act (PSA) against a man from Srinagar, delivering a pointed observation that the state cannot use preventive custody as a workaround for regular criminal prosecution.
The court held that the authorities had relied on the PSA to detain the individual without following the prescribed procedures under the ordinary criminal justice system. In its order, the High Court made it clear that while preventive detention is a legal remedy available to the state, it cannot be invoked merely because the investigation into a criminal case is ongoing or because the evidence does not yet meet the threshold for filing charges.
Preventive detention laws, including the PSA, allow authorities to hold individuals without charge or trial for periods extending up to two years if there are reasonable grounds to believe the person is likely to act in a manner prejudicial to public order or security. Critics, however, have long argued that such provisions are sometimes used loosely and can circumvent due process safeguards guaranteed under the Constitution.
Legal experts familiar with the case noted that the High Court's reasoning reflects a growing judicial trend of scrutinising detention orders more rigorously and ensuring that executive agencies do not bypass standard criminal procedure simply because they have the option to invoke preventive detention statutes.
The Srinagar man, whose identity has not been widely disclosed in court documents, would now be released unless the police or investigative agency has independent grounds to arrest him under normal criminal law.
The ruling adds to a series of recent judgments where Indian courts, including various high courts across the country, have reminded law enforcement that preventive detention remains an extraordinary measure meant for situations of imminent threat, not a routine tool to compensate for investigative delays or insufficient evidentiary material.
