Excelsior Correspondent
SRINAGAR, June 13: High Court has upheld the detention order passed under Public Safety Act (PSA) against the JeM militant by recording that he has been apprehended with arms and ammunition as such his detention is necessary.
Justice Tashi Rabstan dismissed the plea of detenue-Jehangir Ahmad Wani, who was detained by District Magistrate Pulwama on April 8 last year with a view to prevent him from acting in a manner prejudicial to the security of the State.
The grounds of detention reveal that the detenue-Wani is an active militant of Jesh-e-Mohammad (JeM) and has been providing help to the militants of the organisations in carrying out subversive activities in and around the Pulwama town. The detenue have contact with active militants namely Yasir of Qasbayar, Manzor Ahmad Kar of Sirnoo and Furkan Bhai, and has been motivating youth to join the militant ranks of the banned outfit.
Justice Tashi while upholding his detention said these acts are preceded by a good amount of planning and organization by the set of people fascinated in tumultuousness. They are not like ordinary law and other crimes.
Court said the gravity and nature of the act is also relevant and the test is whether the act is such that it gives rise to an inference that the person would continue to indulge in similar prejudicial activity. “That is the reason why single acts of wagon-breaking, theft of signal material, theft of telegraph copper wires in huge quantity and removal of railway fishplates were held sufficient by the Supreme Court”, reads the judgment.
It has further mentioned by the court that similarly, where the person tried to export huge amount of Indian currency to a foreign country in a planned and premeditated manner, as in the present case detenu has been apprehended with arms and ammunition, it was held that such single act warrants an inference that he will repeat his activity in future and, therefore, his detention is necessary to prevent him from indulging in such prejudicial activity.
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