J&K&L High Court Grants Interim Protection To Lawyers Facing PSA Detention Over FIR In Alleged Assault At Srinagar District Court
LIVELAW NEWS NETWORK
1 April 2026 4:20 PM IST
The High Court of Jammu & Kashmir and Ladakh has directed the authorities not to detain a group of lawyers under the Public Safety Act in connection with an FIR registered against them, without prior permission of the Court, after the State submitted that it had no intention to detain them on the basis of the said FIR.
Justice Moksha Khajuria Kazmi passed the order in a habeas corpus petition filed by the lawyers, who apprehended that the respondent-authorities might invoke the provisions of the Public Safety Act against them at the instance of the complainant, despite the incident having been investigated and the Investigating Officer having allegedly found the allegations unfounded.
“In the meantime, the respondents are directed not to detain the petitioners in connection with their alleged involvement in the incident which occurred on 12.03.2026, and in FIR supra, without prior permission of this Court,” the Court ordered.
The petitioners, who are advocates by profession, approached the Court apprehending preventive detention in connection with FIR registered at Police Station Batmaloo. According to the petition, the incident took place during mediation proceedings in a domestic violence case, when the advocates were allegedly obstructed, abused and provoked by a private individual.
A video of the incident went viral on social media. In the same, a lawyer was seen assaulting the individual with a belt. The petitioner-lawyers alleged that the video was selectively edited and circulated on social media, leading to registration of a criminal case against them.
Senior Advocate Z. A. Shah, appearing for the petitioners, submitted that the Investigating Officer had already found the allegations to be unfounded and that the FIR was liable to be closed. Despite this, the petitioners harbored a bona fide apprehension that preventive detention laws might be invoked against them at the instance of the complainant.
On behalf of the government, Senior AAG Mohsin Qadiri, appearing on instructions obtained on the directions of the Court, submitted that the respondent-authorities, as on date, had no intention to detain the petitioners under the Public Safety Act on the basis of the said FIR.
Taking note of the statement, the Court directed that the petitioners shall not be detained in connection with the incident without prior permission of the Court. However, the Court also directed the petitioners to file an undertaking before the Registrar Judicial affirming that they shall not take the law into their own hands and shall refrain from repeating the alleged incident or any similar conduct in future.
The Union Territory of J&K was granted four weeks' time to file its reply, and the matter was listed for further consideration on April 24, 2026.
Appearances:
Senior Advocate Z. A. Shah with Advocate Saleem Gul appeared for the petitioners.
Senior Additional Advocate General Mohsin Qadiri assisted by Government Advocate Illyias Nazir appeared for the respondents.
Case Title: Irfan Akbar Malla & Ors. v. Union Territory of J&K & Ors.