Excelsior Correspondent
SRINAGAR, Aug 9: The High Court has upheld the detention order passed under Public Safety Act against the former Ameer Jamaat-e-Islami (JeI) by recording the petition challenging the impugned detention is devoid of merit.
Justice M A Chowdhary dismissed the petition of former Ameer Jamaat-e-Islami Abdul Hamid Ganie alias Dr Fayaz Hamid after perusal of the record of detention of detenu-Fayaz. Court said the record indicated that the detenue is a highly qualified person and has completed PhD degree from Kashmir University and was affiliated with Jamaat-e-Islami from college life and subsequently he was selected as “Ameer” of Jamaat-e- Islami J&K in the year 2018.
“The detenue was a hardcore motivator and supporter of terrorists and was acting to bring about secession of J&K from the Union of India and to its consequent merger with Pakistan and he had never remained law abiding citizen which can be gathered from the fact that in 2009 he secretly sowed the seeds of hatred and disaffection against the Army in the town of Shopian”, Court said while referring the grounds of detention of detenue on which basis he was put under preventive detention.
Court said that his involvement in active role in the banned organization of Jamaat-e-Islami for carrying out anti-national propaganda and campaigning against sovereignty and integrity of the country, besides instigating and motivating general masses for anti-national propaganda, he was detained under Public Safety Act from District Budgam.
The detention order however, was quashed and the detenue was released in the year 2021 and post release the detenue the court added, did not mend his ways and continued to foment trouble in district Shopian and clandestinely was collecting funds from the people for reviving of Jamat-e-Islami and to fuel anti national activities.
“That being an influential person, the detenue has indulged and instigated a large number of youth to the path of violence with the aim and purpose of the detenue was to liberate the State of J&K from India and annex it with Pakistan”, Court referred from the detention record.
Court after having glance of the grounds of detention said that right from the college life the detenue was involved in anti-national activities and his affiliation with banned organization Jamaat-e-Islami and holding the different positions in the said organization with an aim and purpose to liberate the State of J&K from India and annex it with Pakistan.
“His inclination towards secessionist elements gave him a place in Jamaat-e-Islami which is a banned organization, of which he was an active member. The detaining authority 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”, Court said.
Court further added that the preventive detention is devised to afford protection to society and rulings on the subject have consistently taken the view that preventive detention is devised to afford protection to society and its object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing so.
Follow our WhatsApp channel
