Jammu Kashmir High Court Upholds PSA Detention in Krishna Dhaba Owner Killing Case | Kashmir Life

SRINAGAR: The High Court of Jammu Kashmir and Ladakh at Srinagar has upheld the preventive detention of an 18-year-old youth accused in the 2021 killing of Akash Mehra, owner of the well-known Krishna Dhaba in Srinagar.

Justice Rahul Bharti dismissed a habeas corpus petition filed through the detenue’s father challenging the detention order issued under the Jammu Kashmir Public Safety Act (PSA), 1978.

According to court records, the detention order was issued by the District Magistrate, Pulwama, on April 30, 2025, following a dossier submitted by the Senior Superintendent of Police, Pulwama, alleging the youth’s involvement in activities prejudicial to the security of the Union Territory.

The court observed that the accused was allegedly in contact via Facebook and WhatsApp with Shakeel Ahmad alias Gazi and was accused of planning the February 17, 2021 attack, in which two associates allegedly opened fire on Akash Mehra, proprietor of the Krishna Dhaba in Srinagar.

Mehra later succumbed to his injuries, while police registered a case at Police Station Ram Munshi Bagh under various provisions of the IPC, Arms Act, and Unlawful Activities (Prevention) Act (UAPA).

The judgment noted that the accused was a juvenile at the time of the incident and was initially lodged at the Juvenile Home, Harwan, before being granted bail. However, authorities later alleged that he again became involved in anti-national and subversive activities as an Over Ground Worker (OGW) linked with slain militants Riyaz Ahmad Dar alias Khalid alias Sheeraz and Rayees Ahmad Dar.

The High Court observed that the attack was not an ordinary criminal act but a terror-related incident intended to spread fear in Srinagar by targeting the owner of a popular restaurant frequented by tourists and locals.

Rejecting arguments seeking leniency on account of the detenue’s age, the court held that age could not be considered a mitigating factor where the alleged activities posed a threat to the security of the Union Territory.

The court further noted that the detenue, in his representation, had not denied his alleged association with the militants named in the dossier. It also referred to an earlier order of the Fast Track Court for POCSO Cases, Srinagar, which had described the Krishna Dhaba shooting as a terror attack allegedly part of a larger conspiracy involving Pakistan-based handlers and local associates.

Justice Rahul Bharti ultimately held that the grounds for preventive detention were legally sustainable and dismissed the petition, terming it “meritless.” (KNC)