Jammu Kashmir & Ladakh High Court Quashes PSA Detention of Activist Waqar H Bhatti

Jammu Kashmir & Ladakh High Court Quashes PSA Detention of Activist Waqar H Bhatti

The Jammu Kashmir and Ladakh High Court has quashed the Public Safety Act (PSA) detention of prominent social activist Waqar H Bhatti from Rajouri district, terming the order “arbitrary” and passed “without application of mind.” Bhatti was released after spending nearly eight months in preventive custody.

Justice MA Chowdhary, while delivering the judgment, observed that the authorities had violated key constitutional safeguards guaranteed under Article 22(5) of the Constitution. The court noted that the detaining authority had failed to inform Bhatti of his right to make a representation against the detention order and had not provided him with the complete material relied upon for his detention.

Waqar Bhatti, aged 40 and a resident of Saaj village in Thanamandi Tehsil, was detained under Order No. DMR/PSA/01 of 2025 issued on February 21 by the District Magistrate of Rajouri. His detention was challenged through a habeas corpus petition filed by his brother, Ghulam Mustafa Bhatti, before the High Court at Jammu.

The District Magistrate had cited several FIRs registered between 2018 and 2025, along with a police DDR entry, to justify the detention, alleging that Bhatti posed a threat to public order. However, the court found that the grounds of detention were a “photocopy of the police dossier,” indicating a lack of independent application of mind by the authorities.

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The judgment also pointed out that Bhatti had not been supplied with the entire record supporting his detention, nor was the material explained to him in a language he understood. The court observed that the failure to do so amounted to a denial of a fair opportunity to contest the order.

Justice Chowdhary further criticized the administration for suppressing facts, noting that Bhatti had already been acquitted in one of the FIRs cited in the detention order—FIR No. 303/2018 under Section 124-A RPC registered at Police Station Bahu Fort, Jammu.

In a strong defense of personal liberty, the court stated that “personal liberty is one of the most cherished freedoms” and emphasized that even a minor violation of procedural safeguards warrants the quashing of a detention order.

Following the court’s order, Bhatti was released from District Jail Kathua. His wife, Roohi Bhatti, expressed relief over the decision, saying, “Waqar was detained in February, and it has been a long and painful wait for our family. We are relieved that the court finally restored his liberty.” She added that her husband was booked in multiple cases due to his outspoken views.

The High Court concluded that the detention was unsustainable and directed that Waqar Bhatti be released from preventive custody immediately unless required in connection with any other case.

KNT