‘Careless With Truth’: High Court Quotes Einstein, Flags Errors, Quashes PSA Detention

While allowing Mudasir Ahmad Bhat’s plea against his preventive detention, the court noted that the exercise of jurisdiction under the PSA is constitutionally meant and understood to be very serious jurisdiction which admits of no carelessness on the part of its handlers at any stage. But in the present case the authorities are found to be acting in converse to the saying of Albert Einstein, the court said. The Court ordered the detainee’s immediate release from District Jail Udhampur.

Mudasir had petitioned the Court assailing his detention order through advocates Zamir Abdullah and Zahir Abdullah, sons of Omar Abdullah, the Chief Minister of Jammu and Kashmir. The detention order dated April 30 last year had been issued by the District Magistrate Pulwama under PSA based on a dossier submitted by the Senior Superintendent of Police (SSP) Pulwama. Bhat was referred to as an OGW providing logistic support to subversive elements.

In its decision, the court found significant discrepancies between the police dossier and the grounds of detention prepared by the District Magistrate. The court also noted a serious inconsistency in official records. The authorities claimed that Bhat was arrested on May 1, 2025 after the detention order, while a communication from the Superintendent of District Jail Udhampur indicated that the detainee had been lodged in the jail since December 5, 2024 under the same detention order.

Observing as “deeply disturbing” the situation, the court held that authorities appeared unaware of their own records and that preventive detention cases were being handled casually. The Court termed the detention “painful and pinching to the constitutional sensitivity” governing preventive detention powers.

The Court held as “illegal” the detention order and all subsequent approval, confirmation and extension orders issued by the Home Department of the Union Territory. It, accordingly, directed the Superintendent of District Jail Udhampur to restore Bhat’s personal liberty forthwith.