Excelsior Correspondent
SRINAGAR, Oct 21: The High Court today upheld the two detention orders passed under Public Safety Act (PSA) and quashed five others with the direction to release the detenues from preventive custody.
Upholding the detention orders of two detenues – Ubaid Tariq Untoo of Baramulla and Aakib Hussain Bhat of Anantnag – who were detained under PSA on 8.4.2022 and 12.07.2021 under the orders passed by the concern District Magistrates, Justice Moksha Khajuria Kazmi recorded that it is suffice to say that there was material before the detaining authority to detain both and it can’t be said that such subjective satisfaction was wrongly arrived at or grounds of detention are self-contradictory or vague as the role of detenues have been specifically described.
“This Court can only examine grounds disclosed by the Government in order to see whether they are relevant to the object which the legislation had in view, that is, to prevent detenu from engaging in activities prejudicial to security of the State or maintenance of public order”, Justice Kazmi recorded.
The detention record produced before the court revealed that Untoo on the motivation of a local militant, Waseem Ganie of LeT, has joined militancy in 2011, and since then was working for the outfit, by providing logistic support and also helping them to move from one place to another.
Untoo is shown to be involved in many criminal cases including the grenade attacks and firing on security forces and is also shown to be involved in number of FIRs, registered in Police Station, Sopore and was detained under PSA number of times but despite given the several chances, he did not mend his way.
The detention records of Aakib produced by respondents revealed that it surfaced in the picture as a useful instrument in the capacity of an Over Ground Worker (OGW) of militants, particularly of LeT.
On May 5th, 2021, the detenue along with his associate were apprehended at Chiniwader Bawoora Kanelwan crossing by police and 3 RR after a long chase and on his personal search, 11 rounds of AK 47 were recovered from the possession of the detenue. Further during investigation it has come to the fore that he was providing every kind of logistic support to the militants, besides being a close aide of militant Uzair Ashraf Dar of Wandina, Shopian.
Justice Kazmi apart from these two cases quashed five detention order of Niyaz Ahmad Wani of New Colony Pulwama, Huzaif Mushtaq Matoo of Pamposh Colony Noorbagh Srinagar, Maqsood Ahmad Shah of Kachiwara Handwara Kupwara, Maqsood Ahmad Khan of Checkmarg Hardu Panzu Budgam and Manzoor Ahmad Mir of Mir Mohalla Khumriyal district, Kupwara
They were detained on 19.05.2022, 07.03.2022, 21.04.2022, 07.03.2022, 14.03.2022 by the concerned District Magistrates and Divisional Commissioner Kashmir.
Justice Kazmi while quashing these detention orders said perusal of the grounds of detention demonstrate that the detenues have been put under preventive detention for their involvement in various FIRs. The allegations, court added, reflected in these FIRs, even if taken to be true on its face value, do not constitute an act having potential to disturb the public order.
The HC also quashed these PSAs on non-consideration of the representation detenues which, the court said, constitute violation of the Constitutional right, guaranteed under Article 22 of the Constitution which depicts the failure of the Government to discharge its function. Therefore, for this reason alone, writ petition can succeed.
“Accordingly, these writ petitions are allowed and the impugned detention orders are quashed. The Jail Superintendents concerned are directed to release the detenues forthwith, if their detentions are not required in connection with any other criminal cases”, the Court directed.
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