Excelsior Correspondent
Srinagar, July 14: High Court has upheld the PSA of an Over Ground Worker (OGW) and quashed the other one with the direction to the jail authorities to release him from preventive custody.
Justice Sanjay Dhar has upheld the PSA of Mohammad Saleem Mir. Mir was detained by the District Magistrate Pulwama on 04.08.2023 in order to prevent him from indulging in the activities which are prejudicial to the security of the UT.
The grounds of detention reveal that Mir was found to be providing transport facility to the militants in his Auto Load Carrier upto Village Gundipora and he was arrested and subsequently he was released on bail. The grounds of detention go on to allege that after the petitioner was enlarged on bail, he continued to render logistic support to the terrorists and facilitate their movement through unconventional and inaccessible routes.
“It is clearly stated that even after his release on bail, Mir continued to indulge in the activities which are prejudicial to the security of the UT and in this regard there are specific instances given in the grounds of detention which are quite proximate to the date of passing of the impugned order of detention”, Justice Dhar said.
The court concluded that there is no ground to interfere with the impugned order of detention and held the petition of Mir as meritless and dismissed the same accordingly.
The same court also quashed the PSA of Asrar Ahmad Bala of District Srinagar. He was ordered to be detained under PSA on 22.04.2024 by the concerned District Magistrate. The petitioner-Bala has contended that there has been non-application of mind on the part of the detaining authority while passing the impugned detention order and the procedural safeguards have not been complied with while passing the order of detention.
“The non-consideration or an unreasonably belated consideration of the representation indisputably amounts to violation of constitutional safeguards, which in turn renders the detention unsustainable in law. The petition is allowed and the impugned order of detention is quashed. The detenue is directed to be released from the preventive custody forthwith”, Justice Dhar directed.
Follow our WhatsApp channel
