Excelsior Correspondent
Srinagar, Aug 13: High Court has upheld detention orders passed under Public Safety Act of two Over Ground Workers of militants citing that the preventive detention is a precautionary measure to protect the society from activities which may cause harm to their life and liberty.
Justice Sindhu Sharma upheld the detention orders of Faheem Sultan Gojree of Jahangir Mohalla Cement Kadal, Srinagar and Hamid Farooq Bhat who were detained on 20.10.2021 and 18.10.2021 respectively citing that their activities are highly prejudicial to the security of the state.
The grounds of detention of detenu-Gojree reveal that he has developed contacts with various militant and secessionist organizations to carry out the activities of secessionism and has associated with militant organization TRF (the Resistance Force).
Court was informed that the detenue was providing all logistic support including transportation of arms from one place to another. The targets include street vendors, labourers from outside the State working at orchards, small shops commercial establishment so that cycle of terror is to create lawlessness and in order to stop the detenue from indulging in the above activities and to take immediate preventive measures to protect the society from violence and social indiscipline and threat to the safety of the public.
The Detaining Authority, court has been informed, after considering the dossier submitted by the Senior Superintendent of Police and also considering the fact that the activities of the detenu are highly prejudicial to the security of the State, issued the order of detention and his detention was approved by the Government within time.
“The detention order does not suffer from any legal infirmity and grounds of detention are definite, proximate and free from any ambiguity. The Detaining Authority after considering the material placed before it had arrived at the requisite satisfaction that the detenu was required to be placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the State, therefore, there is no infraction of constitutional and statutory rights of the detenue”, Justice Sharma recorded.
The court said, the decision of the Detaining Authority cannot be substituted by the court while scrutinizing the detention order. Since preventive detention is a precautionary measure to protect the society from activities which may cause harm to their life and liberty.
In detenu-Bhat’s case, court was apprised that he being a hard-core OGW of banned HM and TRF militants outfit and his conduct has fortified the interests of the said militant organization in order to secede the State from the rest of the country, therefore, to prevent him from indulging in such activities, it has found imperative to detain the detenu under the relevant provisions of the Public Safety Act.
Meantime, Court has quashed detention of one Reyaz Ahmad Dar of Budgam and directed the authorities to release him from the preventive custody forthwith provided he is not required in any other case.
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