Excelsior Correspondent
Srinagar, Sept 7: High Court has upheld the PSA of an Over Ground Worker (OGW) and quashed one with the direction to the authorities to release the detenue from the preventive custody.
Justice Sanjay Dhar upheld the PSA of one Imran Mushtaq of district Pulwama. Mushtaq was detained vide detention order dated 3.11.2022. So far as the contention regarding vagueness of the grounds of detention are concerned, the same appears to be without any substance.
A perusal of the grounds of detention reveals that the detenue-Mushtaq was a close associate of one killed militant of JeM outfit, on whose instructions he provoked other youth, especially juveniles, to join militant cadres and due to the efforts of the petitioner-Mushtaq, one Sehran Ahmad Mir alias Danish of Kareemabad was inducted in the militant ranks.
“Thus, there are specific allegations in the grounds of detention regarding alleged activities with which the petitioner is stated to have associated. Therefore, it cannot be stated that the allegations made in the grounds of detention against the petitioner are vague”, court said.
With these reasons, the court said there is no ground to interfere with the impugned order of detention and concluded that the petition challenging the order of detention lacks merit and dismissed the same accordingly.
The same bench has quashed the PSA of Musavir Ahmad Bhat of Srinagar. He was detained on 08.09.2023. The court quashed his PSA on the ground that he has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board.
“Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, read the judgment.
The court as such allowed the petition of MusavirBhat and quashed the impugned order of detention and directed to release the detenue-Bhat from the preventive custody forthwith provided he is not required in connection with any other case.
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