'PSA detention based on old FIRs unsustainable', High court quashes PSA detention of Kishtwar activist held over hydro protests

September 11, 2025 by News Desk

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The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Kishtwar resident who had been booked under the Public Safety Act (PSA) last year for criticizing hydropower projects in the Chenab Valley, a move that once again brings attention to the use of security laws against local activists in the region.

Justice M.A. Chowdhary, while allowing a habeas corpus petition, ordered the immediate release of Muhammad Jaffer Sheikh, son of Ghulam Muhammad Sheikh of Nattas, a resident of Dool, Kishtwar. Sheikh had been detained under Order No. 6th/DM/K/PSA of 2024 dated November 7, 2024, issued by the District Magistrate, Kishtwar.

Sheikh’s counsels, Advocates S.S. Ahmed and Rahul Raina, argued that the detention was unjustified since he had not been informed of the period within which he could challenge the order. They pointed out that the authorities had relied on FIRs registered in 1997, 2015, and 2019, cases too remote in time to form a basis for preventive detention in 2024. They also said the material cited had not been properly supplied or explained to him.

The government, represented by Advocate Eishaan Dadhichi, cited three FIRs and four Daily Diary Reports (DDRs) recorded at Police Station Kishtwar and PP Dool to justify the detention. Justice Chowdhary, however, held that these DDRs had never culminated in criminal proceedings and that mere allegations could not sustain preventive detention. He further noted that although Sheikh’s representation was forwarded by the Additional District Magistrate to the Home Department on November 26, 2024, there was no record to show it was ever considered or communicated back.

Quashing the detention, Justice Chowdhary reminded the state that personal liberty is one of the most cherished rights guaranteed under the Constitution and that safeguards under Article 22 exist precisely to limit arbitrary detention. The court directed that Sheikh be released forthwith if not required in any other case.

Sheikh was among five union leaders detained under the PSA in Kishtwar on November 10, 2024, after they led protests against ongoing hydropower projects in the district. Others included Mohammad Abdullah Gujjar of Sigdi Bhata, Noor Din of Kakerwagan, Ghulam Nabi Choppan of Trungi (Dachhan), and Mohammad Ramzan of Dangduroo (Dachhan).

At the time, District Magistrate Rajesh Kumar Shavan justified the detentions by describing the activists’ actions as a threat to “projects of national importance” and “public order.” The administration had also placed 22 other individuals under surveillance, citing fears of disruption to the construction of hydroelectric power projects in the Chenab Valley.

Local residents, however, had said the protests were rooted in genuine concerns: damage to houses from blasting, health issues from rising air pollution, and inadequate compensation for land acquired for these projects. Activists also accused companies of violating environmental norms.