Excelsior Correspondent
Srinagar, Dec 21: The High Court has quashed four detention orders passed under Public Safety Act and directed the authorities to release the detenues from custody and upheld the one.
Court has quashed the detention orders of Zubair Ahmad of Shaheen Mohalla Noorbagh, Towseef Ahmad Mir of Chakoora Tehsil Litter, Jahangeer Ahmad Malik Kiloora, Shabir Ahmad Mir alias Molvi of Brath Kalan, Sopore and Abid Ahmad Dar of Dalipora Chadoora.
They were detained by the District Magistrates of Srinagar, Shopian, Baramulla and Budgam districts in order to prevent them from the activities prejudicial to the security of the State. Court has upheld the PSA of Aquib Ahmad Regoo of Khrew, Pulwama. Detenue-Regoo aged 20 years has been detained on April 8, 2022 and has been lodged in Kot Bhalwal Jammu.
It has been contended before the court that his activities were highly prejudicial to security of state, therefore, to prevent him from acting in such activities, he has been detained strictly in accordance with provisions of PSA, more-so, the adequacy of the material on which respondent-DM has drawn satisfaction is not open to judicial review, the warrant has been executed and the detenue was taken into preventive custody after the contents of warrant were read over and explained to him and in the lieu thereof the detenue has put his signature on the execution report.
Court while upholding the detention order said the main object of preventive detention is the security of a State, maintenance of public order and of supplies and services essential to the community demand, effective safeguards in the larger interest of sustenance of peaceful democratic way of life.
Court while dealing with the case in hand said that as per the grounds of detention, the detenue-Regoo is a hardcore Over Ground Worker (OGW) of banned militant Organization of Lashkar-e-Toiba (LeT) the aim and object of which is to secede the UT of Jammu and Kashmir from Union of India and to annex it with Pakistan. The said banned organization court said, for the said evil design has virtually engaged a war against the UT of J&K & Government established by the law and in the militant strikes hundreds of innocent subjects of the soil have lost their precious lives.
Court said the detenue has been found involved in cases which is suggestive of the fact that he is providing logistic support to the militant organization in a clandestine manner and instigating youth of the area to join the terrorists ranks, actively involved in providing support to the shooters of the said outfit who have unleashed a spate of terror by killing persons with soft targets including street vendors, labourers from outside the Jammu & Kashmir working in orchards, small shops and commercial establishments and policemen who are off duty or unarmed, aim of killing is to create terror ecosystem in the UT of J&K, the activities of petitioner/detenue are highly prejudicial to the security and sovereignty of the country, hence detained under Jammu and Kashmir Public Safety Act.
Court while quashing other four PSAs said the failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable as also the detenues have been incapacitated from making an effective and meaningful representation to the detaining authority or to the Government against their detention.
“Accordingly, these petitions are allowed and the impugned detention orders are quashed. The Jail Superintendent concerned are directed to release the detenues forthwith, if his detention is not required in connection with any other criminal case pending against them”, the Court concluded.
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