Excelsior Correspondent
JAMMU, May 31: High Court today refused to quash the Public Safety Act of a hardcore criminal Gurmeet Singh alias Chotu, who was allegedly involved in attempt to murder, assault, stabbing and criminal trespass cases.
After hearing Advocate Amit Gupta for the detenue whereas Government Advocate Sanjeev Padha for the State, Justice Tashi Rabstan observed, “it is long back that an eminent thinker and author, Sophocles, had to say: Law can never be enforced unless fear supports them. This statement was made centuries back, but it has its relevance, in a way, with enormous vigour, in today’s society”.
“Every right-thinking citizen is duty bound to show esteem to law for having an orderly, civilized and peaceful society. It has to be kept in mind that law is antagonistic to any type of disarray. It is completely intolerant of anarchy. If anyone flouts law, he has to face the ire of law. It can never be forgotten that the purpose of criminal law legislated by the competent legislatures, subject to judicial scrutiny within constitutionally established parameters, is to protect the collective interest and save every individual from unwarranted hazards”, High Court said.
“It is sometimes said in an egocentric and uncivilised manner that law cannot bind the individual actions which are perceived as flaws by the large body of people but the truth is and has to be that when the law withstands the test of the constitutional scrutiny in a democracy, the individual notions are to be ignored”, Justice Rabstan said, adding “at times certain activities and wrongdoings assume more accent and gravity depending on the nature and impact of such deleterious activities on the society”.
Justice Rabstan further observed, “though ordinarily one act may not be held sufficient to sustain an order of detention, one act may sustain an order of detention if the act is of such a nature as to indicate that it is an organised act or a manifestation of organised activity”, adding “the gravity and nature of the act is also relevant”.
“J&K Public Safety Act is designed to prevent acts that are prejudicial to security of the State or maintenance of public order”, High Court said while dismissing the petition seeking quashment of PSA.
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