Excelsior Correspondent
SRINAGAR, July 25: The High Court has upheld a detention order and quashed two orders passed under Public Safety Act with the direction to jail authorities to release the detenues.
Justice M A Chowdhary has quashed PSAs of Fahim Ahmad Check of Nowgam Shopian and Mushtaq Ahmad Bhat of Naikpora Seeloo Sopore Baramulla. Both were detained by the District Magistrates of Shopian and Baramulla on 9.4.2022 and 27.2.2020 respectively with a view to prevent them from acting in any manner prejudicial
Court quashed both these PSAs on the ground that they were not supplied with the material in order to enable them to make representation against the orders of their detention before the competent authority. “If the detenue is not supplied the material on which detention order is based, the detenue cannot be in a position to make an effective and meaningful representation against his detention. to the maintenance of security of the State”, Court said.
“In the afore-stated backdrop, these petitions are allowed. Impugned Orders of detention are , as such, quashed. The detenues are ordered to be released from the preventive custody forthwith provided they are not required in connection with any other case”, Court directed.
Court has dismissed the plea of Fayaz Ahmad Kumar of Khanpora, Baramulla challenging his order of detention and upheld the same. Court after having glance of the grounds of detention said, that right from the year 2008 till 2020, as many as 52 FIRs were registered against the detenue-Kumar for his involvement in criminal and anti-national activities.
On one such occasion the detenue alleged to have lobbed a grenade on security forces in the jurisdiction of Police Station Baramulla and a case FIR No.147/2020 under Sections 16,39 ULA(P) Act and 7/27 Arms Act was registered against him in Police Station Baramulla and was arrested.
Court said his inclination towards secessionist elements gave him a place in ‘JeM’ militant outfit, of which he was an active member and was involved in carrying various anti national activities, along-with other operatives of JeM banned outfit.
The detaining authority court added, after keeping in view the activities of the detenue highly prejudicial and detrimental to the maintenance of the public order, detained him under preventive custody, in terms of the impugned order, which is under challenge in the present petition.
“The object of preventive detention is not to punish a man for having done something but to intercept before he does it and to prevent him from doing so. In the backdrop of foregoing discussion, the petition is found devoid of any merit and is, accordingly, dismissed”, Court concluded.
Follow our WhatsApp channel
