Excelsior Correspondent
SRINAGAR, Mar 17: The Division Bench of High Court has upheld the detention of a detenue passed under Public Safety Act and dismissed the appeal by recording that the order of detention is valid and cannot be interfered with.
The Letters Patent Appeal (LPA) was preferred by the detenu Mohammad Abbas Bhat against the judgment of writ court, whereby the petition, challenging the order of detention dated 4th July 2019, passed by District Magistrate Kulgam was dismissed.
The grounds of detention was that the appellant-Bhat was a member of Harkat-ul-Mujahideen outfit since 2002 and was an over ground worker for the said terrorist outfit. The appellant is stated to have been apprehended by the security forces in Surankoot Poonch, while attempting to cross the Line of Actual Control (LoC) for obtaining illegal arms training but was released after sometime.
The order of detention was challenged before the Single Bench which was dismissed, vide judgment dated 10th September, 2020 and the instant LPA was filed against the said judgment.
The Division Bench of Justice D S Thakur and Justice Rajnesh Oswal on a perusal of the grounds of detention, said, the order of detention was not based only upon the involvement of the appellant in FIR No.177/2018, for which appellant-Bhat had obtained bail, but from the grounds of detention it reveals that the detenu was also found to have been involved in providing logistic support to the terrorists and was stated to have been actively involved in management and distribution of funds, identification of sympathizers and their motivation for terrorist activities in the area.
Yet in our opinion, the detention order could still be sustained on other grounds which found mention in the grounds of detention, independent of Police Station, Kulgam, when tested on the touchstone of section 10- A of the Act”, reads the judgment.
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