HC upholds PSA of two OGWs

Excelsior Correspondent
SRINAGAR, Aug 23: High Court today upheld the detention orders of two OGWs passed under Public Safety Act and dismissed their pleas citing the record shows their activities are prejudicial to the state.
The court upheld the PSA of one Irfan Hassan Rather of Pulwama who was detained vide detention order dated 08.04.2022 passed by the District Magistrate Pulwama on the ground that the detenue is an OGW of Lashker-e-Toiba (LeT)/Resistance Front (TRF) and has been found actively involved in providing a logistic support to the shooters of the TRF.
Court after perusal of the detention record said the detention order has been passed by the District Magistrate on the basis of dossier provided by the SSP, Awantipora and the same refers to the registration of FIR No. 44/2021 registered under various sections of UL A(P) Act and Arms Act registered with Police Station, Pampore.
Justice Gupta observed that the court has no hesitation in holding that the circumstances as mentioned in the detention order do amply make out that the acts of the petitioner-detenu posed security threat and, therefore, the detention order passed by the detaining authority cannot be faulted with.
“The Court finds no reason to come to the rescue of the petitioner-detenue by quashing the detention order which is passed in accordance with the provisions of the Public Safety Act. The present petition preferred by the detenue stands dismissed”, Court concluded.
The court has also upheld the detention Order dated 07.04.2022 passed against one-Haseena Akhter who was detained by District Magistrate Baramulla, with a view to prevent her from acting in any manner in the activities which are prejudicial to the security of the State.
The detention record, would indicate that the detenue-Akhter was initially affiliated with a banned outfit ‘Dukhtaran-e-Milat’ and was arrested on the basis of her involvement in a case registered vide FIR No. 281/2019 registered in Police Station Handwara under Unlawful Activities Prevention Act.
It is stated that the detenue was arrested on many occasions and remained lodged in different jails like District Jail Kupwara, Central Jail Srinagar; that after her release, she developed her contacts with cadres of different militant organizations like Hizbul Mujahideen, Tehreek-ul-Mujahideen and Lashkar-e-Toiba, upon whose motivation she started again working with them as over ground worker (OGW).
Court said the detenue has not only been found to provide logistic support to the militants, but weapons and ammunition was also recovered from her possession and was found involved in lobbing petrol bomb upon a CRPF bunker at Sopore.
“She was found involved in subversive activities in all the districts of North Kashmir, Baramulla, Kupwara and Bandipora on different occasions. The detaining authority after keeping in view the activities of the detenue highly prejudicial to the security of the State, detained her, under preventive custody, in terms of the impugned order, which is under challenge in the present petition”, Court said.