Excelsior Correspondent
JAMMU, May 25: The High Court has refused to quash the detention under PSA of Saqib Hussain Mir, who used to motivate people for anti-national activities.
On 21st June, 2022, the detenu provoked the youth of a particular community to join Jehad as his father, who had been booked by Peer Mitha Police in case FIR No. 42/2019 under Sections 17, 18, 20, 38, 40 UA(P) Act, 7/25 Arms Act, had joined militancy. This created insecurity in the minds of a particular community and other peace loving people of the area, as such, the detenu tried to harm the communal harmony, peace and tranquility of the area.
After hearing Advocate Prince Khanna for the petitioner whereas Govt Advocate Adarsh Bhagat for the UT, Justice M A Chowdhary observed, “the grounds of detention clearly prove that the detenue was persuading the local youth to join the path of militancy and in order to provoke the local youth he was holding meetings”.
“Keeping in view the activities of the detenue, the Detaining Authority after due application of mind, by arriving at subjective satisfaction issued the order of detention, which cannot be found fault with”, the court said, adding “personal liberty is one of the most cherished freedoms, perhaps more important than the other freedoms guaranteed under the Constitution. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation”.
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