Excelsior Correspondent
SRINAGAR, June 13: High Court today said that those who flout laws have to face consequences and upheld the detention of a militant and quashed Public Safety Act (PSA) of two persons and directed their release.
Justice Mohammad Akram Choudhary upheld the PSA of Khawer Sultan Mir of Pampore, Pulwama after the perusal of his detention record which revealed that he was affiliated with Lashkar-e-Toiba (LeT) and Jiash-e- Mohammad.
Court said Mir’s activities as projected in the dossier run heavily against the detenue and are highly prejudicial to the security of the State.
“Therefore, in order to prevent him from indulging in such activities, which are prejudicial to the security of the state, it is necessary to detain the detenue by invoking the provisions of J&K Public Safety Act. This Court does not sit in appeal over decision of detaining authority and cannot substitute its own opinion over that of detaining authority when grounds of detention are precise, pertinent, proximate and relevant. This Court can only examine grounds disclosed by the Government in order to see whether they are relevant to the object which the legislation has in view, that is, to prevent detenu from engaging in activities prejudicial to security of the State or maintenance of public order”, reads the judgment.
The court quashed the PSA of detenu Tariq Ahamd Dar of Ahmad Nagar Bandipora and Abdul Kahliq Najar of Zachaldara Kupwara. Both the detenues were detained by District Magistrates of Bandipora and Kupwara on 17.10.2021 and 18.11.2020 in order to prevent them from acting in any manner prejudicial to the maintenance of public order and subsequently were directed to be lodged in Central Jail Jammu and District Jail Kupwara respectively.
Justice Sanjay Dhar while quashing their PSAs said that the procedural requirements have not been followed and complied with by detaining authorities in letter and spirit.
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