Excelsior Correspondent
Srinagar, Aug 17: High Court today dismissed the plea of OGW of militants challenging the detention order passed under Public Safety Act and said he is involved in unlawful activities.
High Court upheld the PSA of one Zubair Ahmad Bhat of Okey Kulgam who was detained under PSA on 10.04.2022 by the District Magistrate Kulgam in view of his subversive activities.
The court said that the respondents have complied with the mandate and safeguards provided by the Act while passing order of detention against the detenue-Bhat as such his writ petition challenging the order of detention merits dismissal and is, accordingly, dismissed.
Justice M A Chowdhary recorded that the court cannot substitute its own satisfaction for that of the authority concerned and decide whether its satisfaction was reasonable or proper, or whether in the circumstances of the matter, the person concerned should have been detained or not.
Court while holding the order of detention legally valid said the purpose of J&K Public Safety Act, 1978, is to prevent the acts and activities prejudicial to the security of the State or maintenance of public order and these acts are preceded by good amount of planning and organization by the set of people fascinated in turmoil.
“They are not like ordinary law and order crimes. If, however, in any given case a single act is found to be not sufficient to sustain the order of detention that may well be quashed but it cannot be stated as a principle that one single act cannot constitute the basis for detention. On the contrary, it does. In other words, it is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention”, reads the judgment.
Court said the grounds of detention unmask that the detenue-Bhat had inclination towards unlawful activities which ultimately resulted in he becoming a hardcore over-ground worker for militant outfits, and in the past he very ingeniously avoided getting incriminated openly but he was found involved in the case registered against him.
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