Excelsior Correspondent
SRINAGAR, Jan 8: High Court has upheld the detention order passed under Public Safety Act of a detenue citing that his involvement in grenade attack in 2022 is established.
Justice Sanjeev Kumar dismissed the plea of detenue-Mohammad Bariq Magrey of Khanyar Srinagar challenging the order of detention passed by the District Magistrate Srinagar on 30.8.2022 against him for involvement in grenade attack by militant on 6th March 2022 at Hari Singh High Street Srinagar resulting into killing of two persons on spot and left 37 persons injured.
“Having heard the counsel for the parties and perused the material on record, I am of the considered opinion that the detention of the petitioner ordered by the Detaining Authority in terms impugned order, is completely in consonance with law. The activities the petitioner has been indulging in, have the definite potential of undermining the Security of the State”, Justice Kumar said,
Court further added that it is prima facie found that in the occurrence that happened on 6th March, 2022 at Hari Singh High Street, Srinagar, where suspected militants hurled and exploded a grenade, killing two persons on spot and left thirty-seven persons injured, the involvement of the petitioner-detenue is established.
“It is, however, a different matter that having regard to the prevailing atmosphere of terror and scare, it is a horrendous job for the investigating agencies to collect incriminating material and oral evidence. It is because of these reasons many times, the investigating agency is not in a position to submit the final report/challan in the competent Court of law within the prescribed time”, Court said.
Court said the accused against whom there exists strong suspicion, takes the benefit of such a situation and is admitted to default bail by the competent Court of law and these elements when they come out of jail, indulge in the same subversive activities, calculated to undermine the security of the State.
“In the case on hand also, a similar situation had emerged before the Detaining Authority. It is not the case of the petitioner that the Detaining Authority was not aware of the arrest of the petitioner and his subsequent release in FIR No. 18/2022. The Detaining Authority has clearly noted that if the petitioner after having been released on bail is allowed to remain at large, there is high probability that the petitioner will again indulge in activities prejudicial to the maintenance of Security of the Union Territory of Jammu & Kashmir”, reads the judgment.
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