Excelsior Correspondent
Srinagar, Aug 1: The High Court today upheld the detention of a person involved in DySP lynching case and dismissed his plea challenging the order of detention on various grounds.
Petitioner Imran Nabi Wani was taken into preventive custody under Public Safety Act in terms of the order of detention passed by the District Magistrate Srinagar on 08.09.2022. In the grounds of detention formulated by the detaining authority showed that Wani was found to be the main accused in DySP lynching case at Nowhatta.
It is further contended that on the intervening night of 22/23.06.2017 in cognizance of a gruesome incident in which an officer of the rank of Dy. Superintendent of Police Mohammad Ayoub Pandit was lynched to death by a mob raising slogans against the Union of India and accession of J&K State with the Union of India.
It is further revealed that the police officer of Security wing of Police was deployed at Jamia Masjid Srinagar in view of large gathering there on the eve of Shab-e-Qadr, to supervise the manpower which was deployed there for frisking purposes.
“Detenue along with other anti-national elements attacked the officer and snatched his service pistol and thrashed him ruthlessly till he succumbed to the beating and died on spot. The accused persons didn’t stop there but inhumanely dragged the dead body of the deceased out from the area adjacent to the mosque, tore his clothes and left the body without clothes and other belongings”, read the grounds of detention.
In this regard, FIR 51/2017 under Sections 148, 392, 341, 302, 149 RPC and 13 Unlawful Activities Prevention Act was registered in Police Station Nowhatta. “This Court, while examining the material, which is made basis of subjective satisfaction of the detaining authority, would not act as a court of appeal and find fault with the satisfaction on the ground that on the basis of the material before detaining authority another view was possible”, Justice M A Chowdhary said while dismissing the plea by recording that same is found devoid of any merit and is, accordingly, dismissed.
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