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HC upholds PSA of LeT militant
2/1/2021 11:11:55 PM
Early Times Report

JAMMU, Feb 1: Justice Puneet Gupta of High Court dismissed the petition filed by Nayeem Ahmad Mir challenging his detention under PSA. While dismissing the petition, Justice Gupta observed that there is no dispute with the proposition of law as laid down in numerous authorities that the order of detention can be passed before, during or even after the case is registered and the trial takes place against the detenue. The order passed under the Public Safety Act even after eight months of filing of F.I.R does not make any difference to the case of the petitioner on the ground agitated by the learned counsel for the petitioner. The order is passed when the detenue was still in custody and was not bailed out in the F.I.R. in question. In case the detention order is passed on consideration after some period of the filing of F.I.R. and arrest of the detenue in the said F.I.R. the same cannot be the ground to quash the detention order on that ground. The judge observed in the present case, the detention order specifically records that the acts of the detenue are likely to be prejudicial to the security of the State. The activity of the petitioner is held to be prejudicial to the national interest as he is stated to be involved in the offences under Section 7/25 Arms Act and is an active militant of LeT banned outfit who motivated the subject to work as OGW with the said militant organization. He said the court finds no infirmity in the impugned order. The petition is found to be without merit and is accordingly, dismissed.
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