Excelsior Correspondent
JAMMU, July 4: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has upheld the detention order under PSA of Yawar Ahmad Malik, Over Ground Worker (OGW) and also a member of banned terrorist organization Lashker-e-Toiba (LeT).
While upholding the judgment of writ court and dismissing the appeal, DB observed, “it is settled law that court in proceedings under Article 226 of the Constitution has limited scope to scrutinizing whether detention order has been passed on material placed before it, it cannot go further and examine sufficiency of material”.
“This court does not sit in appeal over decision of detaining authority and cannot substitute its own opinion over that of detaining authority when grounds of detention are precise, pertinent, proximate and relevant. This court can only examine grounds disclosed by the Government in order to see whether they are relevant to the object which the legislation has in view, that is, to prevent detenu from engaging in activities prejudicial to security of the State or maintenance of public order”, the DB added.
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