Excelsior Correspondent
Srinagar, Dec 28 : High Court today dismissed two petitions challenging the orders of detention passed under the Public Safety Act.
Justice V C Koul dismissed two separate petition filed by the detenues- Syed Tajamul Andrabi and Ayaz Bashir Shergojri of Rajpora District Pulwama and Kakapora, District Pulwama challenging their detention orders passed by the District Magistrate Pulwama.
Court in detenu-Andrabi’s case said the grounds of detention apparently reveal that the detenu is an active member of Hizbul Mujahideen (HM) and Jash-e-Mohammad (JeM) and apart from that it has been said that the detenu is said to have been aiding and abetting militant activities being carried out by the banned organisations in and around Pulwama Town and that detenu has been harbouring militant operating in the area at far reaching locations and facilitating them to carry out their subversive activities effectively.
Grounds of detention also mention that detenu has been motivating the youth as also innocent populace of District Pulwama and its adjoining areas for carrying out antinational and antisocial activities, which are prejudicial to the security of the State.
Court said the essential concept of preventive detention is that detention of a person is not to punish him for something he has done, but to prevent him from doing it.
“Its basis is satisfaction of the Executive of a reasonable probability of detenu acting in a manner similar to his past acts, and preventing him by detention from so doing. Preventive detention, an anticipatory measure, is resorted to when the executive is convinced that such detention is necessary to prevent a person detained from acting in a manner prejudicial to certain objects which are specified by the law”, reads the judgment.
Court further added that in preventive detention no offence is proved, and justification of such detention is suspicion or reasonable probability and the order of detention is based on a reasonable prognosis of future behaviour of a person based on his past conduct in light of surrounding circumstances.
In case of detenue-Shergojri court said the detenu as per the grounds of detention is a close associate and over-ground worker of Lashkar-e-Toiba (LeT) outfit, providing aid and assistance to the said outfit, and motivating and instigating the youth of the District Pulwama and its adjoining area for antinational and antisocial activities thereby jeopardizing the peace, security and tranquility of UT of J&K in general and District Pulwama in particular.
It is further mentioned in grounds of detention that activities of detenu are highly prejudicial to security of the State and he is not likely to desist from indulging in antinational and antisocial activities and that normal laws are not sufficient to deter detenu from indulging in such activities.
“For the reasons discussed above, the instant petitions are without any merit and are, accordingly, dismissed with connected applications”, Court concluded.
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