Excelsior Correspondent
SRINAGAR, Mar 27: The High Court has upheld the detention order of an Over Ground Worker (OGW) of Jaish-e-Mohammad (JeM) outfit passed under Public Safety Act (PSA).
Mumtaz Ahmad of Poonch has been detained by the District Magistrate Poonch vide detention order dated 26.07.2024 for having close links with terrorist organizations like JeM. He challenged the PSA passed by the District Magistrate Poonch before the writ court in a plea and the court, while considering all the facts of the case, dismissed his plea and upheld the PSA passed against him.
Aggrieved by the writ court judgment, he challenged it and the division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed his appeal as well.
“We have carefully examined the impugned judgment of the writ court and find no illegality, infirmity, or impropriety therein warranting interference by this Court. The judgment rendered by the learned Writ Court is well-reasoned and in accordance with law. Accordingly, the appeal is dismissed”, DB concluded.
The DB in its judgment noted that OGWs of terrorist organizations act with a level of secrecy that often shields their illegal activities from immediate detection. Their role is foundation as the continued presence of terrorists in difficult terrain is simply not sustainable without the active support and network provided by OGWs.
“Recognition must be given to the fact that the activities of Over Ground Workers are primarily identified through intelligence reports. Direct evidence is rarely forthcoming due to the secretive nature and specific mode of operation adopted by these workers to shield their illegal actions”, DB said.
The Senior AAG-Monika Kohli representing Government argued that the detenue’s role as an OGW made him a key operative for terror groups in District Poonch. Her contention was that he actively facilitated logistical support and leaked sensitive information regarding security force movements.
The District Magistrate Poonch stated that the appellant-detenue is an OGW and consistently receives instructions from a wanted terrorist operative, Haq Nawaz of Salwah Mendhar. The said operative is currently evading arrest in FIR No. 42/2023 under Sections 302, 307, 120-B, 121, 122, 436 IPC; 3/4 ESA; 7/25/26/27 Arms Act; and 16/18/20 UA(P) Act, of Police Station Gursai, and is reportedly based in Saudi Arabia. This case pertains to the terrorist attack on an Army vehicle at Tota Wali Gali on 20.04.2023, which resulted in the martyrdom of five Army personnel.
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