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Preventive Detention Becomes Arbitrary Once Detaining Authority Admits Cessation of Threat: Jammu & Kashmir and Ladakh High Court

04 Feb 2026 3 min read
Preventive Detention Becomes Arbitrary Once Detaining Authority Admits Cessation of Threat: Jammu & Kashmir and Ladakh High Court

The Jammu and Kashmir and Ladakh High Court has recently quashed a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978 (PSA), emphasizing that without a current or proximate threat to security, detention becomes arbitrary and legally unsustainable. The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal delivered the judgment while allowing a Letters Patent Appeal (LPA) filed by the appellant, Huzaif Ahmad…

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