Excelsior Correspondent
Srinagar, May 14: The Division Bench of High Court said the detenu continued to provide the logistic support to the militants as such upheld his detention as also the writ court judgment whereby by his plea for quashing the detention was dismissed. Court quashed the detention of other detenu and directed for his immediate release from the preventive custody.
The detenu Abdul Hamid Mir of District Handwara has preferred and appeal against the judgment and order dated 23.10.2020 passed by the writ court by virtue of which his petition challenging therein the detention was dismissed and the order of detention dated 17.07.2019 passed against him by the District Magistrate Kupwara was upheld.
The Division Bench of Justice D S Thaku and Justice Sanjay Dhar on a perusal of the grounds of detention as also the stand of the Home Department said, the grounds of detention had not only referred to the past conduct of the appellant-Mir, wherein it was alleged that he had provided shelter to the three foreign militants, who were ultimately eliminated in his house, but the allegation further is that he had continued to associate with the militant organization i.e. LeT and continued to provide logistic support to them.
“We cannot persuade ourselves to take a view different from the one taken by the writ Court. The appeal is found to be without any merit and is accordingly dismissed along with connected application”, DB concluded.
From the grounds of detention as also the response filed by the officials, DB said, that in the intervening night of 10/11th of December, 2017, upon receipt of a secret information about the presence of the militants in the house of the appellant-Mir, a cordon and search operation was initiated with the help of the 22 RR Battalion and 92 Battalion of the CRPF.
An FIR bearing No. 393/2017 under Sections 307, 212 RPC, 7/27 of the Arms Act, 19 ULAP Act was then registered at Police Station Handwara against the appellant-Mir including the deceased militants. Another incident, which is highlighted, is that of 2016, when the appellant is stated to have been leading a large mob of people armed with lathis and stones and resorted to stone-pelting on the vehicles playing on the national highway and in this connection FIR No. 337/2016 was registered under Sections188, 148, 149, 307, 336, 332, 427 RPC in Police Station Handwara.
In another judgment the DB quashed the detention of one Riyaz Ahmad Bhat and directed for his immediate release he is not required in any other case. Detenu-Bhat has preferred and appeal against the judgement and order dated 30.09.2020 passed by writ court by virtue of which his detention passed by District Magistrate Pulwama was upheld.
DB said, that the detenu was not provided with all documents pertaining to his detention as such they cannot persuade themselves to uphold the finding returned by the Single Judge that there was no error of law or procedure committed by the detaining authorities while passing the detention order.
The DB while considering the argument of the counsel for the appellant said, the failure to furnish the requisite documents to the detenu had prevented him from making an effective representation, which had, therefore, violated the constitutional right of the detenu under Article 22(5) of the Constitution of India, is an argument, which is thus legally tenable.
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