Using Encrypted Apps Cannot Justify Preventive Detention, Rules High Court

Court Ruling

The Jammu and Kashmir and Ladakh High Court has struck down the preventive detention of a 26-year-old man from Pulwama, ruling that relying on encrypted messaging tools or virtual private networks does not justify curtailing personal freedom. Ajaz Ahmad Seh had faced detention starting July 28, 2025, after police accused him of communicating with handlers based in Pakistan through the Zangi application and a secured network.

Allegations And Observations

The police dossier claimed the man acted as an underground worker by supplying food, shelter, clothes, and transport to active militants, including Haris Nazir and Aashiq Ahmad Nengroo, the latter having been designated an individual terrorist by a Pulwama court in 2024. Justice Wasim Sadiq Nargal pointed out that the detention records lacked specific dates or details regarding the purported messages and activities, noting that preventive detention is meant as a safeguard rather than a punishment for past acts.

Context

The Jammu and Kashmir Public Safety Act allows authorities to detain individuals without trial to prevent actions that threaten public order or state security. However, courts frequently review these preventive orders to ensure that officials provide concrete proof rather than relying merely on police summaries without independent scrutiny.