Excelsior Correspondent
SRINAGAR, Nov 10: The High Court has upheld the PSA of an Over Ground Worker (OGW) and quashed PSA of a local with the direction to release him from preventive custody.
Justice Sanjay Dhar upheld the PSA of one Ubaid Yousuf Kuttay of Shopian. His detention was ordered by the District Magistrate Shopian on 12.9.2024 with a view to prevent him from acting in any manner prejudicial to the security of the state.
The grounds of detention reveal that there are allegations against Kuttay that he provided shelter and logistic support to his brother, Shahid Yousuf Kuttay, who is an active terrorist and was also in contact with another active terrorist, Abid Ramzan Sheikh, and is providing every kind of logistic support like shelter, food, information etc besides being in touch with Pakistan based terrorist leaders/handlers and have been taking instructions from them through Signal App, VPN PSIPHON etc.
“In the face of these specific allegations against the petitioner on the grounds of detention, it cannot be stated that the same are vague. For the these reasons, I do not find any ground to interfere with the impugned order of detention. The petition lacks merit and is dismissed accordingly”, the court concluded.
The court also quashed the PSA of Aijaz Ahmad Malik of Baramulla. His detention was ordered by the District Magistrate Baramulla vide order dated 07.05.2025 in order to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the State.
After perusal of the grounds of detention, the court said it clearly shows that the same are vague lacking in material particulars as there is no mention of the particulars of the places and the identity of the alleged anti-national elements, terrorists and handlers, with whom the petitioner has met and from whom he has received instructions.
“The particulars of the period when the detenue is alleged to have met these anti-national elements and terrorists etc. are also not mentioned in the grounds of detention. The grounds must not be vague, indefinite or general. Vague allegations make it impossible for the detenu to understand the reasons and effectively challenge the detention”, reads the judgment.
The court allowed the petition of Malik and quashed the impugned detention order with the direction to the authorities to release him from the preventive custody forthwith, provided he is not required in connection with any other case.
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