Excelsior Correspondent
SRINAGAR, Apr 23: High Court upheld the detention order passed against two Over Ground Workers (OGWs) and dismissed their pleas challenging the orders of PSAs citing the preventive detention is devised to afford protection to society.
Justice M A Chowdhary upheld the PSA of Ishfaq Ahmad Sheikh of Chakoora, Litter and Mohammad Ashraf Mantoo of Bijbehara. The duo was detained by the District Magistrates of District Pulwama and Anantnag vide orders dated 26.04.2025 and 30.04.2025 respectively.
The court after perusal of the grounds of detention of detenue Sheikh said that right from the year 2020 till 2025, the detenue was kept under preventive measures for his involvement in criminal and anti-national activities.
It was also found that the detenue was involved in the subversive activities and was working as close aide and hardcore OGW of killed terrorists Riyaz Ahmad Naikoo and Dr. Saif-ullah as also the detenue is the brother of hardcore terrorist of LeT Irfan Ahmad Sheikh of Pulwama, who was eliminated on 06.02.2019 to whom the petitioner was providing all assistance, logistic support and transportation facilities involving him in the case FIR No.39/2020 under sections 120- B, 307 IPC, 4/5 Explosive Substance Act, 7/25 Arms Act and 13, 18, 39 UA(P) Act at P/S Litter.
The court in the case of detenue-Mantoo has been informed that he was involved in two criminal cases registered vide FIR No.192/2021 under NDPS Act and FIR No.94/2022 under UAP Act at Police Station Bijbehara and on being admitted to bail, the detenue was found involved himself in creation of underground hideout in orchards to facilitate shelter to terrorists and providing of logistic support to them and indulged in subversive activities being affiliated with LeT.
The court while upholding both the PSAs of these detenues said, those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires.
“Preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing. Justification for such detention is suspicion or reasonable probability and not criminal conviction, which can only be warranted by legal evidence”, the court recorded.
The court further added that preventive detention is devised to afford protection to society. Rulings on the subject have consistently taken the view that preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing so.
With these reasons the court has upheld the detention order under challenge and recorded that the petitions are found devoid of any merit and are, accordingly, dismissed along-with pending applications.
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