Supreme Court Issues Notice On J&K UT's Plea Against HC Quashing Detention Of Alleged Overground Worker

The Supreme Court today(May 2) issued notice returnable 4 weeks in a Special Leave Petition challenging the order passed by the High Court of Jammu & Kashmir and Ladakh whereby the Court quashed the detention of the Respondent. A bench of Justices Vikram Nath and Sandeep Mehta issued notice on a plea filed by the Union Territory of Jammu & Kashmir and represented by Advocate Parth Awasthi. As per the brief facts, a detention order was issued on February 23, 2023, issued by the District Magistrate, Bandiopra, whereby the Respondent was detained for the likelihood of disturbing the public peace and law and order. The Respondent has been allegedly associated with the separatist organisations working in the conglomerate Tehreek-e-Hurriyant, various factions of which are declared as an unlawful association by the Indian Government under the Unlawful Activities (Prevention) Act, 1967. It has been alleged that the Respondent played an instrumental role in establishing the organisations in Kashmir Valley during the 2016-18 wherein riots, bandhs, and hartals occurred after the killing of Hizbul Mujahideen Commander and a hardcore terrorist, Burhan Wani.The High Court quashed the detention order on the ground that the instant detention order is based on the same grounds on which the earlier detention order was issued in 2022. As per the Appellant, the 2022 detention order was quashed on grounds that the complete documents were not supplied to the Respondent. The 2022 detention order was quashed by a single judge of the High Court in a writ petition.The 2024 detention order was issued after the Respondent was found involved in FIR registered under Section 13 of the UAPA and Section 4B of the Explosive Substance Act wherein, it was alleged that the Respondent was providing logistic support to the anti-national elements in supplying of explosives.Case Details: UNION TERRITORY OF JAMMU AND KASHMIR Vs GHULAM MOHAMMAD WAZA|D No. 16796/2025

Supreme Court Issues Notice On J&K UT's Plea Against HC Quashing Detention Of Alleged Overground Worker

Gursimran Kaur Bakshi

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