Excelsior Correspondent
Srinagar, Jan 1: The High Court has upheld the two detention orders passed under Public Safety Act (PSA) citing the indulgence of detenues are prejudicial to the security which prompted the detaining authority to pass orders of detention.
Justice Sanjay Dhar upheld the PSAs of Sami-ullah Dar of Pulwama and Usman Ayoub Dar of Shopian. Both were detained under the orders of the concerned District Magistrates on 09.09.2024 and 12.09.2024 in order to prevent them from acting in any manner prejudicial to the security of the UT/Country.
In the grounds of detention, it was stated that after the release of the petitioner-Dar from custody in connection with FIR No.90/2018 of Police Station, Kralgund, he continued to carry out his subversive activities and kept on working for terrorists of LeT and JeM and also violated the bonds executed by him before the Executive Magistrate, 1st Class, Awantipora.
“The propensity of the petitioner to indulge in the activities which are prejudicial to the security of the State prompted the detaining authority to pass the impugned order of detention and subjective satisfaction of the detaining authority is not subject to judicial review”, the court said.
In case of detenue-Usman the court was apprised that his activities unequivocally establish that he is associated with terrorists as an OGW and is consistently indulging in the activities which pose threat to the security of the UT.
“The petitioner conducted recce of CRPF camp at Babapora, Zainapora and decided to attack the Santri standing at the gate with a view to snatch his weapon and joint militancy and in this regard the petitioner visited Babapora camp twice or thrice. He also kept a watch on the movement of ex-PDP MLA, Aijaz Ahmad Mir of Zainapora, and with a view to attack him, he approached Lashkar terrorist handler to provide pistol to execute the attack but because the petitioner was apprehended in November, 2023, the attack was prevented”, read the grounds.
“Thus, by no stretch of reasoning it can be stated that the grounds of detention are vague. For the foregoing reasons, I do not find any ground to interfere with the impugned orders of detention. The petitions lack merit and are dismissed accordingly”, Justice Dhar concluded.
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