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| HC upholds PSA of JeM’s OGW | | |
EARLY TIMES REPORT
SRINAGAR, June 4: Justice Vinod Chatterji Koul of Jammu & Kashmir High Court Srinagar Wing while upholding the detention of Muhammad Aslam Beigh an Over-ground Worker (OGW) of Jesh-e-Muhammad (JeM) outfit, observed that law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority.
The petitioner challenged the Order no. 21/DMK/PSA of 2020 dated 26.07.2020, passed by District Magistrate, Kupwara, placing one, Muhammad Aslam Beigh S/o Nazir Ahmad Beigh R/o Maidanpora, Lolab District Kupwara (for short “detenu”) under preventive detention so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Central Jail, Jammu (Kot-bhalwal).
Justice Vinod Chatterji Koul while dismissing the petition observed that before the Government can pass an order of preventive detention it must be satisfied with respect to the individual person that his activities are directed against one or other of the objects mentioned in the section, and that the detaining authority was satisfied that it was necessary to prevent him from acting in such a manner. If, therefore, the grounds on which it is stated that the State Government was satisfied are such as a rational human being can consider connected in some manner with the objects which were to be prevented from being attained, the question of satisfaction except on the ground of mala fides cannot be challenged in a court. Whether in a particular case the grounds are sufficient or not, according to the opinion of any person or body other than the State Government, is ruled out by the wording of the section. It is not for the court to sit in the place of the Government and try to determine if it would have come to the same conclusion as the Government. As has been generally observed, this is a matter for subjective decision of the Government and that cannot be substituted by an objective test in a court of law. Such detention orders are passed on information and materials which may not be strictly admissible as evidence under the Evidence Act in a court, but which the law, taking into consideration the needs and exigencies of administration, has allowed to be considered sufficient for subjective decision of the Government. (JNF) |
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