Excelsior Correspondent
JAMMU, Feb 7: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Puneet Gupta has upheld the detention under PSA of Saqib Hussain, an anti-national element.
After hearing both the sides, DB said, “it is settled proposition of law that this court while exercising jurisdiction under Article 226 of the Constitution has a limited scope to scrutinize whether detention order has been passed on the material placed before it, and it cannot go further and examine the sufficiency of material”.
“This court does not sit in appeal over the decision of the Detaining Authority and cannot substitute its opinion over that of detaining authority when the grounds of detention are precise, pertinent, proximate and relevant as laid down by the Apex Court in case titled State of Punjab Versus Sukhpal Singh”, the DB said, adding “the impugned order of detention does not call for any interference by this court”.
Accordingly, the appeal was dismissed and judgment passed by the Single Judge was upheld.
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