Excelsior Correspondent
JAMMU, June 2: High Court of Jammu & Kashmir and Ladakh has upheld the detention under PSA of Tahir Riyaz Dar, who was providing logistics to Lashker-e-Toiba (LeT) and The Resistant Front (TRF) and instigating youth of the area.
While dismissing the petition, Justice Rajesh Sekhri observed, “the impugned order has been passed by the detaining authority on a reasonable prognosis of his future behaviour, based on his past conduct and in light of the surrounding circumstances”.
“This court in exercise of writ jurisdiction under Article 226 of the Constitution of India has a limited scope to scrutinize the grounds of detention and cannot examine the sufficiency of material. The writ court does not sit in appeal over the decision of detaining authority to substitute its own opinion when the grounds of detention are precise, pertinent, proximate and relevant”, Justice Sekhri said.
“The grounds of detention are not only definite and proximate but free from any ambiguity. The detenue, in the present case, has been informed with sufficient clarity in the language which he fully understands. What weighed, while passing detention order, with the detaining authority are the narrated facts and figures in detail which made it to exercise its jurisdiction in terms of Section 8 of PSA and it recorded subjective satisfaction that detenue was required to be placed under preventive detention in order to prevent him from his prejudicial activities”, the High Court said.
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