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Jammu and Kashmir HC Declares Preventive Detention Illegal, Orders Release

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has declared the preventive detention of Javid Ahmad Zargar illegal, ordering his immediate release and restoring his personal liberty. The significant ruling was delivered by Justice Rahul Bharti on March 24, 2026, at the High Court’s Srinagar bench.

The Chenab Times has learned that Zargar, the petitioner, was physically presented before the court from the District Police Line in Jammu, accompanied by Sub Inspector Anwar Hussain and Dy. SP Nisar Ahmad. The detention order in question, No. DIVCOM “K”/100/2024, dated April 25, 2024, was issued by the then Superintendent of Police, Kulgam. The High Court critically observed that the detention order constituted a “sheer abuse of process of law.”

A crucial aspect highlighted by the court was that Zargar was already incarcerated as an undertrial in connection with FIR No. 182/2023. He had been acquitted in this case on February 10, 2026. Despite his existing custody and subsequent acquittal, Zargar was subjected to preventive detention. The court noted that this detention was implemented without informing the Divisional Commissioner of Kashmir and lacked any justifiable legal foundation.

Advocate Wajid Haseeb represented Zargar in the proceedings. The Union Territory of Jammu and Kashmir and other respondents were represented by Senior Additional Advocate General Mohsin Qadiri, assisted by counsel Maha Majeed. The High Court unequivocally ruled that the petitioner’s fundamental right to personal liberty had been infringed upon. Consequently, the court directed his immediate release from custody.

The order further stipulated that if Zargar is required for any other pending criminal case, the necessary legal procedures would be initiated and pursued in accordance with the established law. A copy of the High Court’s judgment is to be formally provided to the Senior AAG. This notification is intended to inform all relevant parties, including the Superintendent of Central Jail, Kotbhalwal, Jammu, to ensure compliance with the court’s directive.

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