Excelsior Correspondent
SRINAGAR, May 11: High Court upheld the preventive detention of an 18 year old accused in the killing of well-known Krishna Dhaba owner-Akash Mehra in Srinagar in 2021.
The detenue – Villayat Aziz Mir of District Pulwama challenged the order of detention dated: 30.04.2025 on the ground that the commission of offence is of 2021 which constitutes a time distance in the context of the fresh material whereupon the detention could have been considered and ordered.
The District Magistrate Pulwama, however, contended that on the basis of dossier submitted by the SSP Pulwama the accused is alleged to have carried out killing of owner of Krishna Dabha at Srinagar by involvement of his two friends who carried out the task on 17.02.2021 by opening fire on the owner of Krishna Dabha leaving him injured to finally succumb to death resulting in registration of an FIR No. 11/2021 for alleged commission of offences under Sections 302, 120-B IPC, 7/27 of Indian Arms Act and Sections 13, 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967 in the concerned police station.
The petitioner is said to have been subjected to proceedings under Section 126 of BNSS on 27.04.2025 but found to be still working as OGW and, thus, leaving no option except to subject him to preventive detention custody with passing of detention Order No. 02/DMP/PSA/25 dated 30.04.2025.
“The alleged commission of crime by the petitioner and his two accomplices in crime is said to have been done with the petitioner being still in age of minority and, as such, a juvenile who upon his arrested was lodged in the Juvenile Home Harwan, Srinagar later on to be released therefrom but again getting involved with anti-national and subversive activities in the capacity of OGW of killed terrorists Riyaz Ahmad Dar @ Khalid @ Sheeraz R/o Sathergund Kakapora and Rayees Ahmad Dar R/o Larve Pulwama”, read the reply of DM Pulwama.
“When this court examines the facts and circumstances of the case and the reported tendency of the petitioner-Mir in the background of his alleged involvement in the incident of 17.02.2021 which came to be counted not as an ordinary offence under Indian Penal Code (IPC) but also Unlawful Activities (Prevention) Act”, Justice Rahul Bharti said while dismissing his plea seeking quashing of his PSA.
“The killing being a part of criminal conspiracy hatched by a Pakistani based terrorist with the terrorists active in the Valley and their associates which the killing was carried out with a sole motive of spreading a wave of terror in the Srinagar with killing Akash Mehra, the owner of famous Krishna Dabha in Srinagar thronged by tourists and locals in heavy number”, read the judgment.
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