Krishna Dhaba Killing Case: High Court Upholds PSA Detention of Kashmir Youth | Kashmir Life

SRINAGAR: The High Court of Jammu Kashmir and Ladakh at Srinagar has upheld the preventive detention of 18-year-old Vilayat Aziz Mir of Pulwama under the Jammu and Kashmir Public Safety Act (PSA), observing that the allegations against him indicated a potential threat to the security of the Union Territory.

The judgment was delivered on April 1, 2026 by Justice Rahul Bharti in HCP No. 190/2025, titled Vilayat Aziz Mir vs UT of JK and Others. The case had been reserved for judgment on February 7, 2026.

The petitioner, Vilayat Aziz Mir, a resident of Hunipora Wanpora in Pulwama district, had challenged his detention order issued by the District Magistrate, Pulwama on April 30, 2025 under the PSA. The petition was filed through his father, Abdul Aziz Mir.

Advocate Wajid Mohammad Haseeb appeared for the petitioner, while Government Advocate Furqan Yaqoub represented the respondents, including the Union Territory administration, District Magistrate Pulwama and Senior Superintendent of Police Pulwama.

According to the court record, the detention was based on a dossier submitted by the SSP Pulwama alleging that the youth was involved in activities prejudicial to the security of the State. Authorities alleged that he had links with militants and overground workers and had remained in contact with one Shakeel Ahmad alias Gazi through Facebook and WhatsApp.

The dossier also referred to the February 17, 2021 killing of Akash Mehra, owner of Krishna Dhaba in Srinagar, who was shot by militants and later succumbed to injuries. The case was registered under FIR No. 11/2021 at Police Station Ram Munshi Bagh under provisions of the IPC, Arms Act and Unlawful Activities (Prevention) Act.

The court noted that although the petitioner was a juvenile at the time of the alleged offence, the allegations against him were grave in nature and related to militancy-linked activities.

Rejecting the challenge to the detention, the court observed: “The age of the petitioner which is shown to be 18 years cannot count as an element of leniency to weigh in favour of the petitioner when the alleged state of activities of the petitioner are potential risk to the security of UT of JK.”

The court further held that the detention order could not be faulted considering the seriousness of the allegations connected to the Krishna Dhaba attack.

Justice Rahul Bharti observed in the judgment: “This Court is convinced that the basis for ordering the preventive detention of the petitioner cannot be faulted with and, therefore, this Court finds no merit in the writ petition to be allowed.”

The petitioner had argued that the detention was based solely on an old FIR of 2021 and that there was no fresh material justifying preventive detention in 2025. It was also contended that all relevant documents had not been supplied to him, affecting his constitutional right to make an effective representation.

The petitioner additionally sought compensation of Rs 2 lakh for alleged illegal detention.

However, the court noted that the petitioner had failed to deny his alleged association with militants named in the dossier, including Riyaz Ahmad Dar alias Khalid alias Sheeraz and Shakeel Ahmad alias Gazi.

The judgment also referred to an earlier order passed by the Fast Track Court for POCSO Cases, Srinagar on June 21, 2024 while granting him bail under the Juvenile Justice Act. That order had described the Krishna Dhaba incident as a “terror attack” allegedly carried out as part of a conspiracy involving Pakistan-based handlers and local associates.

The High Court ultimately dismissed the habeas corpus petition, holding it to be “meritless,” and upheld the continued detention of the petitioner under the PSA.