Excelsior Correspondent
Srinagar, Feb 17 : The High Court today upheld the four detention orders issued under Public Safety Act with the observations that the Act is designed to prevent all acts that are prejudicial to security of the State or maintenance of public order.
Justice Tashi Rabstan dismissed four petitions challenging therein detention orders passed by the District Magistrates of various districts against the detenues Umar Nawaz Khan, Mohammad Yousuf Magray, Javed Ahmad Bhat and Muzamil Ahmad Dar.
These detention orders were passed by District Magistrates of Srinagar, Pulwama and Shopian against these detenues on 18.10.2021, 26.11.2020, 04.03.2021 and 18.10.2021 respectively. The grounds of detention of detenue-Khan revealed that he has been found to be an OGW of the TRF, which is an offshoot of LeT and is actively involved in providing variety of logistics support to the shooters of the TRF and he with the other anti-national elements has formed a gang with aim and object to disturb peace and tranquillity.
The court said, the acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level ramifications and these acts are preceded by a good amount of planning and organisation by the set of people fascinated in tumultuousness. They are not like ordinary law and order crimes. If, however, in any given case a single act is found to be not sufficient to sustain the order of detention that may well be quashed, but it cannot be stated as a principle that one single act cannot constitute the basis for detention.
In case of detenue-Bhat, the court said, the detenue is alleged to be a member of a banned terrorist outfit called Jaish-e-Mohammad and had been extending assistance to the terrorists operating in the area enabling them to carry out the subversive activities. It is also alleged that 40 live rounds of AK 47, two detonators etc. were recovered from his possession on 27.07.2020 during naka checking at Manchoowa. It seems since the actions taken against the detenu under the ordinary law from time to time were not proved to be deterrent, as such the respondents had no other option but to keep him in preventive detention.
“Where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation”, Justice Tashi recorded and dismissed the petition of detenue-Bhat.
In case of detenue-Muzamil Dar, the court said, the grounds of detention revealed that he developed contacts with militants and used to work as OGW of LeT/TRF outfits and also motivated the youth of his area for indulging in anti-national and antisocial activities and he is the key motivator always motivates the youth to indulge in militancy. It further revealed that the detenue is a hard core Over Ground Worker, sympathizer and a promoter of TRF outfit in Valley.
The grounds of detention of detenue-Magrey revealed that he is an ex-militant of banned outfit (LeT) and has been motivating youth to join the militant ranks of the banned outfit, by exploiting their religious sentiments and is extending logistic support to the militants. The grounds of detention further revealed that on 26.04.2020 Police Station Litter received information through reliable sources to the effect that the detenue is provoking and motivating the youth of the area to join militant ranks and is extending logistic support to the militants, regarding which case FIR No. 41/2020 under Section 13, 18, 39 UA(P) Act stands registered against him.
Court in his judgment said that if one looks at the acts, the J&K Public Safety Act, 1978, is designed for, is to prevent, they are all these acts that are prejudicial to security of the State or maintenance of public order. The acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level ramifications as such dismissed his plea seeking quashing of detention order.
Court has also quashed the detention order of one Showkat Ahmad Dar who was detained by District Magistrate Budgam vide detention order dated 18.10. 2021 with the view to prevent him from the activities prejudicial to the security of the state. Court after going through the detention records as produced by the Government counsel said that the order impugned is not sustainable, as the same is based on the grounds of detention, which are only verbatim copy of police dossier. The order of detention, for the said reasons, exhibits total non-application of mind on the part of the detaining authority and, therefore, the detention order is liable to be quashed with the direction that the detenue-Dar be released from preventive custody.
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