HC quotes Einstein to nix PSA detention, Omar’s lawyer sons win case

SRINAGAR: Jammu and Kashmir high court has quashed a Pulwama resident’s preventive detention under the stringent Public Safety Act (PSA), citing contradictions in records and Albert Einstein’s words about “carelessness” in a case represented by advocates Zamir Abdullah and Zahir Abdullah, sons of chief minister Omar Abdullah.

“Whoever is careless with the truth in small matters cannot be trusted with the important matters,” a single bench of Justice Rahul Bharti said in its Thursday order quoting Einstein and ordering the release of salesman Mudasir Ahmad Bhat.

While the authorities’ order mentioned that Bhat was detained on April 30, 2025, documents from Udhampur jail showed he had been lodged there since Dec 5, 2024, months before the order was issued.

PSA allows detentions without trial up to six months over public disorder concerns, extendable by six months.

Justice Bharti rapped the authorities for their cavalier approach to such a stringent law. “Exercise of jurisdiction under 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 of but in the present case the respondents are found to be acting in converse to the saying of Albert Einstein,” the judge said.

According to a police dossier that formed the basis of the detention order issued by the Pulwama district magistrate, Bhat was a “potential” overground worker who allegedly provided information about movement of security forces to terrorists and attempted to lure youths to their ranks.

Bhat challenged the detention in May last year, getting his wife Shagufta Akhter to file a plea in the HC. As the case went on, the authorities extended his detention for another six months till April 30, 2026.

The HC came across damning discrepancies in official records. The most glaring was Udhampur jail superintendent’s mention that Bhat had been lodged there since Dec 2024 -- over four months before the Pulwama DM’s detention order of April 30, 2025

Justice Bharti also highlighted other inconsistencies. While the police dossier stated that Bhat had been summoned and warned about his activities on Feb 28, 2025, and April 23, 2025, the detention grounds mentioned by the DM stated that he was summoned on Feb 28, 2025, and Feb 23, 2025.
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