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| HC upholds PSA of two associates of TRF | | | Early Times Report
JAMMU, Aug 12: Justice Sindhu Sharma of Jammu & Kashmir and Ladakh High Court has upheld the detention under PSA of Faheem Sultan Gojree and Hamid Farooq Bhat passed by District Magistrate Srinagar and District Magistrate Kulgam.
The detainee has assailed the detention order 10/DMK/PSA/2021 dated 18-10-2021 passed by the District Magistrate, Kulgam, vide which, Hamid has been detained under Section 8(a) of the J&K Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to security, sovereignty and integrity of the State. He has assailed this order of detention through his brother namely Amir Ahmad Bhat.
The detainee was detained vide order dated 18-10-2021 passed by the District Magistrate, Kulgam. As per the grounds of detention, the detainee was detained keeping in view his activities, as he was found to be an over ground worker of TRF and was actively involved in providing a variety of logistics support to the shooters of TRF who have unleashed a spate of terror by killing persons who are soft targets.
The detainee, being a hardcore OGW of banned HM and TRF militant outfits, the detainee's conduct has fortified the interests of the said terrorist organization in order to secede the state from the rest of the country, therefore, to prevent him from indulging in such activities, it has found imperative to detain the detainee under the relevant provisions of the Public Safety Act.
The other petition has been preferred seeking quashing of detention order bearing No. DMS/PSA/63/2021 dated 20.10.2021 passed by the District Magistrate, Srinagar, pursuant to which, the District Magistrate, had ordered the detention of Faheem under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State. The detainee has assailed this order of detention through his brother namely Shaizan Sultan Gojree.
The detaining authority by virtue of the impugned order of detention in exercise of powers conferred under Section 8 of the J&K Public Safety Act, has taken the detainee in preventive custody to prevent him in acting in any manner prejudicial to the security of the state. The impugned detention order has been issued on the basis of material supplied by the Senior Superintendent of Police, Srinagar vide his communication dated 19-10-2021. The grounds of detention reveal that Faheem has been reported to have developed contacts with various terrorist/secessionist organizations to carry out the activities of secessionism and has associated with terrorist organization TRF (the Resistance Force). He was providing all logistic support including transportation of arms from one place to another. The targets include street vendors, labourers from outside the state working at orchards, small shops commercial establishment so that cycle of terror is to create lawlessness and in order to stop the detainee from indulging in the above activities and to take immediate preventive measures to protect the society from violence and social indiscipline and threat to the safety of the public.
Justice Sharma while dismissing both the petitions, observed that detention orders did not suffer from any legal infirmity and grounds of detention are definite, proximate and free from any ambiguity and the detainee was duly informed of what weighed with the detaining authority while passing the order of detention. |
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