Excelsior Correspondent
Srinagar, Nov 26: The High Court has upheld a detention order of a detenue citing the authorities responsible for national security must be the sole judges of what national security requires.
Justice M A Chowdhary dismissed the plea of one Shaheen Ahmad Wagay of Kulgam challenging the order of detention passed against him by the District Magistrate Kulgam. The detention record reveals that the detenue was nurturing secessionist ideology and was motivating others to follow banned militant outfits of LeT and HM and played a very important role in providing logistic support to the members of these militant outfits.
“Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires. Preventive detention is devised to afford protection to society” Justice Chowdhary said adding with “The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing. Justification for such detention is suspicion or reasonable probability and not criminal conviction, which can only be warranted by legal evidence”.
Justice Chowdhary further added that the courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide this, evidence may have to be taken by the courts and that it is not the policy of the law of preventive detention. This matter lies within the competence of the advisory board. “In the backdrop of foregoing discussion, the petition is found devoid of any merit and is, accordingly, dismissed”, the court concluded.
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