HC upholds 2 PSAs, quashes 4

Excelsior Correspondent
Srinagar, Sept 22: The High Court today upheld two detention orders passed under Public Safety Act as the grounds show that the duo was involved in instigating people against the Government and spreading anti-national feelings.
Court has upheld the PSA of Rafeeq Ahmad Khan, a resident of Baramulla, who was detained under PSA on 10.3.2023. His grounds of detention revealed that he was involved in anti national activities. Court after perusal of the detention record said that apart from involvement in subversive activities, Khan was also smuggling and supplying narcotic and psychotropic substances to the youth, thereby posing threat to the economy of the nation.
“The law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority. For these reasons, the instant petition is without any merit and is accordingly dismissed”, Court said.
Court has also dismissed the plea of one Bilal Ahmad Dar of Budgam challenging therein his detention order. Dar has been detained by the District Magistrate Budgam on 27.6.2022. The Detaining Authority had detained Dar for targeting innocent civilians and recruiting youth in the ranks of militant organizations.
Court said the activities as mentioned in the grounds of detention of detenue are not only prejudicial to the security of the UT but are also aimed to recycle vicious terror atmosphere and create an atmosphere conducive for secessionists and militants to destabilize the administrative machinery of the UT and hell-bent to create conducive atmosphere for militants for carrying out activities prejudicial to the maintenance of security of the UT.
Court said the detention orders of duo do not suffer from any legal infirmity and grounds of detention are definite, proximate and free from any ambiguity and the detenues were duly informed of what weighed with the detaining authority while passing the order of detention.
Court has also quashed four PSAs on the ground that the statutory formalities have not been followed while passeing these orders. Court has quashed the PSA of Aqib Farooq Bhat of Budshah Nagar Srinagar, Safeer Ahmad Bhat of Baramulla, Bilal Ahmad Ganie of Pandach and Azad Ahmad Ganai of Srinagar.