Excelsior Correspondent
Srinagar, July 28: High Court upheld the two detention orders passed under Public Safety Act citing that the detenues despite being released previously from preventive detention, indulged in activities prejudicial to the security of the state.
Justice Sanjay Dhar has dismissed the pleas of detenue-Ameer Hamza Shah of Aloosa Bandipora and Mufasil Ahmad Thoker of Shopian. They were detained by the concerned District Magistrates on 11.09.2024 and 02.01.2024.
The detenue-Shah was earlier subjected to preventive detention on 20.10.2021 and the said order came to be challenged by the petitioner before the court, which was quashed by this Court in terms of judgment dated 27.04.2022.
The grounds of detention reveal that after release of the petitioner from detention, he did not distance himself from Tehreek-e-Hurriyat, which has been declared as an unlawful association in terms of Unlawful Activities (Prevention) Act and has continued to organize meetings of people having separatist ideologies with a view to revive separatist activities. It is alleged that he has raised pro-Pakistani flags and arranged stage for anti-national activities.
Justice Dhar said that the District Magistrate, while formulating the grounds of detention, has furnished sufficient particulars about the alleged fresh activities of the petitioner-Shah in which he has indulged after his release from detention in the year 2024.
“Thus, it cannot be stated that the grounds of detention do not disclose any fresh activities involving the petitioner which are prejudicial to the maintenance of public order. For the foregoing reasons, I do not find any ground to interfere in the impugned order of detention. The petition lacks merit and is dismissed accordingly”, the court concluded.
In case of detenue-Thoker , the court has been informed about involvement of the petitioner-Thoker in providing logistic support to the militant of HM outfit in the years 2017 and 2018 and in the year 2019, he was found involved in FIR No.7/2019 for various offences under ULA(P) Act and was released on bail after six months and thereafter taken into preventive custody in terms of order No.76/DMK/PSA/19 dated 17.09.2019 and was released in October, 2021.
It is specifically stated in the grounds of detention that even after his release, the petitioner-Thoker was found working on the directions of active terrorists in District Kulgam and was assisting in recruitment of young blood of South Kashmir in militant outfits.
“The contention of the petitioner that after his release no fresh activity prejudicial to the security of the State is attributed to him in the grounds of detention, is contrary to the factual position. The same, therefore, deserves to be rejected” the court said adding with “In these circumstances, the only option available with the detaining authority was to pass a fresh detention order against the petitioner-Thoker. For the foregoing reasons, I do not find any ground to interfere in the impugned order of detention. The petition lacks merit and is dismissed accordingly”, read the judgment.
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