Excelsior Correspondent
SRINAGAR, June 2: High Court has upheld the detention order of an Over Ground Worker (OGW) citing admission to bail in criminal cases would not debar the competent authority from passing an order of preventive detention against the person.
Justice M A Chowdhary upheld the PSA of one Irfan Ahmad Kuttay of Chotipora, District Shopian. He had sought quashing of detention order dated 28.04.2025 passed by the District Magistrate Shopian under the provisions of Public Safety Act 1978, whereby he has been placed under preventive detention in order to deter him from acting in any manner prejudicial to the ‘security of the State.
The Government counsel submitted before the court that the detenue-Kuttay is an OGW of terrorists and has been continuously involved in activities prejudicial to the security of the State as he has been providing logistic support and assistance to militants and his activities posed a serious threat to public order and security.
The detention record produced before the court also revealed that the detenue has remained involved in FIR No. 09/2019 u/s 148, 149, 336, 353, 307 RPC; FIR No. 15/2019 u/s 148, 149, 332, 336, 353, 307 RPC; and FIR No. 07/2020 u/s 13, 39 ULA(P) Act, 7/25 Indian Arms Act, all registered at Police Station Imamsahib. The grounds of detention reflect that Kuttay was working as an OGW of terrorists and was facilitating militant activities in the area by providing active support and assistance to them.
His counsel contended that he had already been granted bail in the aforesaid FIRs and, therefore, preventive detention could not have been passed, is without merit. “Merely because a detenue has been admitted to bail in criminal cases would not debar the competent authority from passing an order of preventive detention if the authority is satisfied that his activities are prejudicial to public order or security of the State/UT”, Justice Chowdhary said.
The court came to the conclusion that the material placed before the detaining authority clearly reflects that Kuttay was involved in activities prejudicial to the security of the State/UT and was acting as an ‘OGW’ of terrorists. The detaining authority, on the basis of the material placed before it, arrived at the requisite subjective satisfaction for passing the order of detention.
“This Court does not find any constitutional or statutory infirmity in the impugned order. Viewed thus, the petition is found devoid of merit and, is, accordingly, dismissed. The impugned detention order is upheld”, the court concluded.
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