SRINAGAR, Aug 3: The High Court today upheld detention orders passed against two militants with the observation that the Public Safety Act is designed to prevent activities prejudicial to maintenance of public order.
Justice Tashi Rabstan dismissed two separate petitions challenging the detention orders passed against Latief Ahmad Dar of Panzgam, tehsil Litter, district Pulwama and Basharat Ahmad Mir alias Ustad Umar of Munpappy, Budgam by the authorities stating therein that their activities were prejudicial to the security of the State.
Court while giving the importance of right to liberty as enshrined in the Constitution said, in any given case a single act is found to be not sufficient to sustain the order of detention that may well be quashed.
But the act which would be prejudicial to the peace and maintenance of public order, Court has held it cannot be stated as a principle that one single act cannot constitute the basis for detention. On the contrary, it does. “In other words, it is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention”, read the judgment
As per the official records, Mir is a Pakistan trained hardcore militant, affiliated with Lashkar-e-Toiba outfit and detenue Dar is affiliated with banned outfit Hizbul Mujahideen.
The gravity and nature of the act is also relevant. The test is whether the act is such that it gives rise to an inference that the person would continue to indulge in similar prejudicial activity.
Underscoring the Supreme Court ruling, court said, it was held that a single act warrants an inference that he will repeat his activity in future and, therefore, his detention is necessary to prevent him from indulging in such prejudicial activity.
“For the foregoing discussion, the petitions sans any merit and are, accordingly, dismissed”, court concluded.