Disposed¶24

Imran Naseer Peer v. Union Territory of J and K and Anr. (Home Department)

Preventive detention – J&K Public Safety Act, 1987 – HCP 99/2023

J&K HC3 Sept 2025HCP/99/2023

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What is this about?

Keywords: habeas corpus petition HCP 99/2023; preventive detention; J&K Public Safety Act 1987; PSA detention order expiry; two-year maximum detention period; Order No. 49/DMB/PSA/2023 dated 23.08.2023; District Magistrate Baramulla; District Jail Baramulla; security of the State; detenue release forthwith; infructuous petition; UT of Jammu and Kashmir Home Department; Justice Moksha Khajuria Kazmi; Srinagar; 03-09-2025.

What did the court decide?

Immediate release of the detenue from preventive custody pursuant to the expired detention order. ¶24

Imran Naseer Peer Vs Union Territory of J and K and Anr. (Home Department) — J&K HC (2025) — LawSathi Research

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HCP 99/2023

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P a g e | 1

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S.No. 83 Regular List

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IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH

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AT SRINAGAR

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HCP 99/2023

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IMRAN NASEER PEER, AGED 26 YEARS S/O NASEER AHMAD PEER R/O HARWAN SOPORE, TEHSIL BOMAI ZAINGEER, DISTRICT BARAMULLA THOURGH HIS FATHER NASEER AHMAD PEER, AGED 56 YEARS

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…Petitioner(s)/Appellant(s)

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Through: Mr. Wajid M. Haseeb, Advocate

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Vs.

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UT OF JAMMU AND KASHMIR, ...Respondent(s) THROUGH ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, J&K GOVT; CIVIL SECTT. SRINAGAR/JAMMU

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DISTRICT MAGISTRATE, BARAMULLA

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Through: Mr. Hakeem Aman Ali, Dy. AG

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CORAM:HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE

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ORDER

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03-09-2025

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The petitioner, through the medium of the present petition, has sought quashment of Order No. 49/DMB/PSA/2023 dated 23.08.2023 (for short “the impugned order” ), whereby Imran Nasser Peer, S/o Naseer Ahmad Peer, R/o Harwan Sopore, Tehsil Bomai Zaingeer, District Baramulla (for short “the detenue” ), has been detained under the provisions of the J&K Public Safety Act, 1987 (for short “ the Act ”) on the ground of having indulged in activities prejudicial to the maintenance of security of the State, and lodged in District Jail, Baramulla.

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HCP 99/2023

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P a g e | 2

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Perusal of the impugned order reveals that the same was executed on 24.08.2023, and the detenue has been under preventive detention since that date.

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The period of detention prescribed under the Act in cases where the detenue is detained for maintenance of the security of the State is two years, which has already elapsed on 24.08.2025. Consequently, the impugned order has outlived its life, thereby rendering the present petition infructuous

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Be that as it may, the detenue cannot be continued in custody any longer in pursuance of the impugned order, which has lost its life.

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In view of the above, the detenue is directed to be released from preventive custody forthwith.

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Petition disposed of accordingly.

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(MOKSHA KHAJURIA KAZMI) JUDGE

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SRINAGAR: 03-09-2025 Mubashir

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i. Whether the order is speaking: Yes/No ii. Whether the order is reportable: Yes/No

Imran Naseer Peer v. Union Territory of J and K and Anr. (Home Department)

Case brief

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Imran Naseer Peer v. Union Territory of J and K and Anr. (Home Department)

Case brief

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