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| DB upholds PSA of OGW LeT | | | Early Times Report
SRINAGAR, July 1: A division bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani upheld the detention under PSA of Bashir Ahmed Wani an Over Ground Worker of Lashker-e-Toiaba.
The appellant herein has thrown challenge to the judgement dated 16-11-2021 (for short the "impugned judgement") passed in WP (Crl) No. 163/2020. The facts, giving rise to the filing of instant appeal, are that the appellant herein had been detained by respondent 2 herein in terms of order of detention No. 09-DMK/PSA of 2020 dated 29-9-2020, under the provisions of the Jammu and Kashmir Public Safety Act, 1978, while exercising powers vested under Section 8(1)(a)(i) read with Section 8(2) clause (ii) on account of his activities being prejudicial to the maintenance of the security of the State.
The said order of detention dated 29-09-2020 came to be assailed by the appellant herein before Writ Court in WP(Crl) No. 163/2020 (supra) primarily on the grounds that the order of detention was passed by the detaining authority while the detenue was already in custody in connection with FIR No. 16/2020 for offences under Sections 13, 18, 20 UL A(P) Act and Section 7/25 of Arms Act, registered with Police Station, Handwara, as such, there were no compelling reasons for detaining the detenue and that the detenue being an illiterate labourer was not in a position to understand the grounds of detention and the material forming basis of his detention as translated version of the same was not provided to him thereby violating his constitutional right guaranteed under Article 22(5) of the Constitution and that the detaining authority had not prepared grounds of detention itself being a pre-requisite before passing an order of detention 4.
The respondent 2 herein, being respondent 2 in the petition supra, had opposed and resisted the petition of the appellant herein by filing counter affidavit wherein had inter-alia contended that respondents had followed all the constitutional and statutory safeguards while passing order of detention against the appellant herein. It had been also stated in the counter affidavit that the detenue had remained active in anti national activities being an over ground worker of a terrorist organization, namely, Lashkar-e-Toiba, as such, the detaining authority, with a view to prevent him from acting in any manner prejudicial to the security of the State, passed the order of detention and furnished entire material which formed basis of the said order of detention to the detenue including the grounds of detention and that the detaining authority applied its mind while passing the said order of detention. |
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