The High Court of Jammu & Kashmir and Ladakh on Tuesday granted interim protection to a group of advocates who approached the Court apprehending preventive detention under the Public Safety Act in connection with a recent altercation inside the court complex in Srinagar [Irfan Akbar Malla and Others V/s UT of J&K].
Justice Moksha Khajuria Kazmi directed that the petitioners shall not be detained in connection with the incident without prior permission of the Court.
"The respondents are directed not to detain the petitioners in connection with their alleged involvement in the incident which occurred on 12-03-2026, and in FIR, without prior permission of this Court," the order said.
According to the petition, the incident took place during mediation proceedings in a domestic violence case, when the advocates were allegedly obstructed, abused and provoked by a private individual.
A video of the incident went viral on social media. In the same, a lawyer was seen assaulting the individual with a belt.
The petitioner-lawyers alleged that the video was selectively edited and circulated on social media, leading to registration of a criminal case against them.
The petitioners expressed bona fide apprehension that authorities might invoke preventive detention laws against them despite the issue already being under investigation through regular criminal process.
The counsel for the petitioners argued that the incident occurred when the petitioners were discharging their professional duties within the District Court Complex in Srinagar and that invoking preventive detention law in such circumstances would amount to misuse of extraordinary powers.
On behalf of the government authorities, the counsel submitted that there is no intention to detain the petitioners under preventive detention laws on the basis of the said incident.
Taking note of the statement, the Court directed that the petitioners shall not be detained in connection with the incident without prior permission of the Court.
However, the Court also directed the petitioners to file an undertaking before the Registrar (Judicial) affirming that they would not take the law into their own hands or indulge in similar conduct.
The Union Territory of J&K was asked to file their reply to the case. The matter will be heard next on April 24.
Senior Advocate ZA Shah along with advocate Saleem Gul appeared for the petitioners.
Senior Additional Advocate General Mohsin Qadiri assisted by Government Advocate Illiyas Nazir appeared for the respondents.
[Read Order]