Excelsior Correspondent
SRINAGAR, Feb 17: High Court has upheld the pre-execution detention passed against the petitioner in view of his prejudicial activities and asked him to surrender first and thereafter grievances be examined.
It is, therefore, court said, necessary to take the preventive measures and prevent the person, bent upon in perpetrating mischief from translating his ideas into action. Article 22(5) Constitution of India therefore leaves scope for enactment of preventive detention law.
Justice Sanjeev Kumar dismissed the petition of one Mushtaq Ahmad Regoo of Pampore , who had challenged his pre-execution detention order passed by District Magistrate Pulwama.
“In view of the legal and factual positions highlighted, this is not a fit case where any interference is called for, before execution of the order of detention. The petitioner, if so advised, may first surrender pursuant to the order of detention and thereafter have his grievances examined on merits”, Justice Kumar recorded and said the writ petition is clearly without merit.
Court said the contentions and the pleas raised by the petitioner do not carve out an overtly exceptional case, which would justify quashing of the detention order at this stage. “I have deliberately refrained and not referred to the assertions made by the petitioner and respondents, for it may cause prejudice and would possibly affect the case of the petitioner when issues and contentions of similar nature are raised after the detention order is executed”, Justice Kumar said.
District Magistrate, Pulwama, on the basis of dossier placed before him by Superintendent of Police, Awantipora, recorded his subjective satisfaction that there are sufficient grounds to detain petitioner-Regoo aiming at to prevent him from acting in any manner that is prejudicial to the maintenance of public order and passed the order of detention against him in pre-execution.
State counsel supporting the impugned detention order, averred that the dossier supplied by the police and copies of FIRs annexed with the reference disclose that the petitioner has come in contact with various separatist and secessionist elements and developed separatist ideology and has indulged in stone pelting and involved in instigating and leading a violent mob for defying the curfew and attacking/setting ablaze police division and is involved in disturbing the atmosphere of communal harmony which necessitated issuance of impugned detention order.
However, the petitioner has evaded the arrest and could not be arrested because he was hiding from one place to another place and that the petitioner has filed the writ petition at pre-execution stage, without surrendering himself before the police authorities for execution of warrants.
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