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HC quashes PSA of OGW HM 5/31/2021 11:47:50 PM Early Times Report SRINAGAR, May 31: Justice Ali Mohammad Magrey quashed the preventing detention of an alleged Over Ground Worker (OGW) of HM namely Rameez Ahmad Malla. While quashing the detention order no. 83/DMB/PSA/2020 dated 14-2-2020 passed by District Magistrate Baramulla, Justice Magrey observed that the non-application of mind by the detaining authority is fatal and goes to the root of the detention and, therefore, is sufficient to vitiate the impugned order of detention. For that reason, there is hardly any necessity to consider other grounds of challenge urged by the learned counsel for the petitioner. As per the dossier supplied by the police, the detenu-petitioner is 9th standard student after passing the examination and was shopkeeper by profession. In May 2019 the detenu developed the contacts with one foreign militant @ Maz Bahi of Hizbul Majahideen outfit and started providing all sorts of assistance to the said foreign militant. The detenu provided food and shelter to the said militant in other houses of area. The detenu got motivated by said militant to work with the said outfit as OGW of Hizbul Mujhideen. The detenu was instrumental in strengthening militancy network in the area of Rafiabad. For his involvement in the activities, the petitioner was apprehended on 7-11-2019 in connection with case FIR No.161/2019 under Sections 18,39 of ULA(P) Act and 7/25 Arms Act registered in Police Station, Dangiwacha, which is under investigation. The dossier as also the grounds of detention narrates whole sequence of events leading to the involvement of the petitioner in the aforesaid FIR. The detaining authority, on the basis of dossier of activities supplied by the police and after going through the allegations contained in FIR No.161/2019, arrived at satisfaction that the petitioner though under judicial remand in case the FIR would, in every likelihood, indulge in subversive activities if he is admitted to bail by the Court and, therefore, it was imperative to put him under preventive detention. It is in the aforesaid backdrop, the impugned order of detention is passed by the detaining authority. JNF   Share This News with Your Friends on Social Network     Comment on this Story

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