HC upholds PSA of OGW

Excelsior Correspondent
SRINAGAR, Oct 15: High Court of J&K & Ladakh upheld a detention order of an Over Ground Worker (OGW) and quashed other PSA of a detenue with the direction to release him.
Justice Moksha Kazmi upheld the PSA of one Tahid Ahmad Tarray of Bijbehara Anantnag. Tarray was detained on 20.04.2024 by the District Magistrate, Anantnag under the provisions of J&K Public Safety Act on the ground that his activities are prejudicial to the maintenance of Security of the State.
His mother challenged the detention order on the ground that the impugned order has been issued without any cause and justification of law and his son has been falsely alleged to be working as Over Ground Worker (OGW) for the terrorists of banned terrorist organization Lashkar-e-Toiba (LeT) and the allegations leveled in the grounds of detention are related to the year 2022.
The authorities however resisted the claim of the petitioner by filing the counter affidavit stating therein that the detenue-Tarray has been validly and legally detained in terms of the impugned order as his activities are highlighted in the grounds of detention which are self-explanatory.
The detenue, Government counsel submitted before the court, was a well known OGW of LeT and was a close associate of killed terrorist Uzair Khan of LeT outfit as he was providing every support and information to the outfit of LeT terrorists.
The court quashed the PSA on failure of the authorities in execution of detention on time. “No explanation muchless the sufficient reason has been offered by the respondents to justify the delay in execution of the detention order”, the court said.
The court allowed the plea and quashed the detention order passed by the Divisional Commissioner Kashmir with the direction to the authorities to release the detenue forthwith, if not required in any other case.