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DB uphold PSA of Imam
5/14/2021 11:35:07 PM
EARLY TIMES REPORT

SRINAGAR, May 14: A Division Bench of Jammu & Kashmir High Court Srinagar Wing comprising Justice Dhiraj Singh Thakur and Justice Sanjay Dhar dismissed the LPA filed by Abdul Hameed Mir, who is an Imam challenging his detention order. Court said that the appellant is stated to be a local Imam (preacher) in a local Masjid and therefore, commands a huge influence in the area and thus it is alleged that he misuses that status to influence and incite violence by provoking the local youth to rise against the State. Not only this, the appellant is stated to be providing logistic support to the militants. What is important to note is the fact that the allegation against the appellant is that he continues to provide logistic support to terrorists of Lashkar-e-Taiba (LeT). It is also stated that he was arrested in FIR No. 393/2017, in which he secured a default bail.
DB observed that however, on a perusal of the grounds of detention as also the stand of the respondents, it can be seen that the grounds of detention had not only referred to the past conduct of the appellant, wherein it was alleged that he had provided shelter to the three foreign terrorists, who were ultimately eliminated in the appellant's house, but the allegation further is that he had continued to associate with the terrorist organization i.e. LeT and continued to provide logistic support etc to them. The assertion that there was no proximate cause between the incidents in the past and order of detention, therefore, is also without any basis and thus untenable. With these observations, Court dismissed the LPA challenging the PSA. JNF
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