Excelsior Correspondent
JAMMU, Apr 8: High Court of Jammu & Kashmir and Ladakh has upheld the detention under PSA of Mumtaz Ahmed, who is an alleged Over Ground Worker of Jaish-e-Mohammad, a banned outfit.
After hearing both the sides, Justice Sanjay Dhar observed, “Detaining Authority has filed its counter affidavit in which, it has been submitted that all the constitutional and statutory safeguards have been adhered to by the respondents while detaining the petitioner”.
“It has further been submitted that the whole of the material forming basis of the grounds of detention has been furnished to the petitioner. According to the respondents, the petitioner has been actively involved in separatist and secessionist ideologies within district Poonch and he has been working as Over Ground Worker for Jaish-e-Mohammad, a banned outfit”, High Court said.
Justice Sanjay Dhar, while dismissing the petition, observed, “a perusal of grounds of detention and their comparison with the dossier of detention does not lead us to the conclusion that the grounds of detention are replica of the dossier. Merely because there is reproduction of the certain factual aspects narrated in the Police dossier in the grounds of detention does not necessarily prove non application of mind by the Detaining Authority”.
“The grounds of detention clearly indicate that the Detaining Authority has applied its mind after noticing the facts mentioned in the dossier of detention. The Detaining Authority has noted that the petitioner is receiving instructions from wanted terrorist operative namely, Haq Nawaz, who is based in Saudi Arabia. It has also been noted by the Detaining Authority that the petitioner is working for PAFF, a frontal terror proxy outfit of Jaish-e-Mohammad, and he has been assisting the organization to carry out terror activities in district Poonch”, High Court said.
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