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HC dismisses petition challenging PSA
2/15/2018 10:26:19 PM
Early Times Report
Srinagar, Feb 15: State high court has dismissed the petition seeking quashment of PSA.
Mushtaq Ahmad Regoo challenged the order of District Magistrate, Pulwama, on the basis of dossier placed before him by Superintendent of Police, Awantipora, vide letter no. Pros/ PSA/2016-1861-64 dated 5th September 2016, stating that there were sufficient grounds to detain Mushtaq Ahmad Regoo son of Ghulam Mohammad Regoo resident of Khrew Tehsil Pampore District Pulwama, to prevent him from acting in any manner that is prejudicial to the maintenance of public order and therefore, vide his Order no.61/DMP/PSA/16 dated 7th September 2016, ordered petitioner's detention and confinement in District Jail, Kathua.
Justice Sanjeev Kumar after hearing both the sides observed that in the present case, the repetition of highly prejudicial activities on the part of the petitioner is stated to have resulted in lodging number of FIRs, bearing nos. 64/2016, 65/2016 and 67/2016, under Sections 147, 148, 188, 353, 341, 307, 109, 427, registered in Police Station Pampore and thereafter FIR Nos.149/2016 and 155/2016 as well. Thus, the detaining authority, after recording to satisfaction that the activities of the petitioner were likely to prejudice the maintenance of 'public order', has passed the detention order in question. In the said backdrop, there is no substance in the argument that the incidents alleged, do not have the live link with the detention order impugned in the petition.
Justice Sanjeev Kumar further observed that this is not a fit case where any interference is called for, before execution of the order of detention. The petitioner, if so advised, may first surrender pursuant to the order of detention and thereafter have his grievances examined on merits. With these observations High Court dismissed petition challenging PSA.
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