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| HC upholds PSA of four, quashes PSA of fifth one | | | Early Times Report
SRINAGAR, Feb 17: In five different judgments the Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of four detainees whereas quashed the detention under PSA of one. Justice Tashi Rabstan upheld the detention under PSA of Mohammad Yousuf Magray ex-militant of Lashkar-e-Toiba (LeT), Javed Ahmad Bhat member of Jash-e-Mohammad, Umar Nawaz Khan OGW of the TRF, Muzamil Ahmad Dar a hard core over ground worker (OGW) sympathizer and a promoter of TRF terrorist outfit and quashed the detention under PSA of Showket Ahmad Dar. Justice Rabstan observed that if one looks at the acts, the J&K Public Safety Act, 1978, is designed for, is to prevent, they are all these acts that are prejudicial to security of the state or maintenance of public order. The acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level ramifications. These acts are preceded by a good amount of planning and organisation by the set of people fascinated in tumultuousness. They are not like ordinary law and order crimes. If, however, in any given case a single act is found to be not sufficient to sustain the order of detention that may well be quashed, but it cannot be stated as a principle that one single act cannot constitute the basis for detention. On the contrary, it does. In other words, it is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention, the judge observed. Justice Rabstan while quashing the detention under PSA of Showket observed that the grounds of detention supplied to the detainee is a copy of the police dossier, which was placed before the District Magistrate for his subjective satisfaction in order to detain the detainee. This shows total non-application of mind on the part of the detaining authority. |
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