Excelsior Correspondent
SRINAGAR, Sept 28: High Court has upheld the Public Safety Act (PSA) of an over Ground Worker (OGW) and quashed the PSA of a detenue with the direction to the authorities to release him.
The court upheld the PSA of Kifayat Rashid Bhat who was detained under PSA on 09.12.2022, issued by District Magistrate, Pulwama and has been placed under preventive detention and lodged in Central Jail, Kotbhalwal, Jammu.
The perusal of the grounds of detention reveal that Bhat was in touch with one Owais Feroz alias Owais of Pampore, who motivated him to work for the militant outfits. It is also indicated in the grounds of detention that the detenue was getting text messages from Owais from an unknown number in September, 2022.
The grounds of detention further reveal that he is an active OGW of Jaish-e-Mohammad. “Thus, there are specific allegations and assertions made on the grounds of detention. Therefore, it cannot be stated that the allegations made in the grounds of detention are vague or lacking in material particulars”, the court said while dismissing the plea challenging the PSA.
The court has quashed the PSA of one Shakir Ahmad Mir of Rampora Qaimoh, district Kulgam. He was detained by the District Magistrate Kulgam on 01.12.2022 in the interest of the Security of State. The court while quashing his PSA said that the authorities while filing their counter-affidavit have not chosen to respond to the specific averment made by the detenue in his plea with regard to decision of his representation against the PSA.
Court said there is omission on the part of the respondents to the submission of representation by the petitioner against order of detention as once the representation was submitted by the petitioner, it ought to have been considered and decided by the District Magistrate concerned and failure on his part to consider and decide the representation submitted by the Mir against his detention renders the order of detention illegal.
Accordingly, court quashed the detention order and directed that detenue be released forthwith.
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