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| HC upholds PSA of HM OGW | | |
Early Times Report
JAMMU, May 27: Justice Mohammad Akram Chowdhary has upheld the detention under Public Safety Act of HM Over Ground worker Zahoor Ahmad Shah. Upholding the detention under PSA of detainee Justice Chowdhary observed that those who are responsible for national security or for maintenance of public order must be the sole arbitrators of what the national security, public order or security of the state requires. Preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing.
The judge observed that justification for such detention is suspicion or reasonable probability and not criminal conviction, which can only be warranted by legal evidence. Thus, any preventive measures, even if they involve some restraint or hardship upon individuals, as said by the Supreme Court in the case 'Ashok Kumar v. Delhi Administration & Ors., do not contribute in any way of the nature of punishment.
The judge said that rulings on the subject have consistently taken the view that preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing so. With these observations, High Court dismissed the petition. |
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