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High Court upholds PSA detention of accused involved in radicalization | | | Early Times Report
Jammu, Aug 16: Jammu & Kashmir and Ladakh High Court, with Justice MA Chowdhary presiding, dismissed a petition challenging the detention under the Public Safety Act (PSA) of Zubair Ahmed Bhat. Zubair Ahmed Bhat has been consistently involved in radicalization and motivating inmates towards anti-national activities that threaten the security of the Union Territory (UT) of Jammu & Kashmir. The Court's examination of the grounds of detention revealed that on January 4, 2023, reliable sources informed the Kulgam Police Station about the presence of terrorists in the village of Okay. Security forces, including the Army and CRPF, conducted a search operation during which the terrorists fired indiscriminately upon the search party with the intent to harm them. The detained individual was found to be involved in seditious and unlawful activities even while in custody. The Court further noted that the detained individual had been inclined towards unlawful activities, eventually becoming a hardcore over-ground worker for terrorist outfits. Although he avoided direct involvement in the past, he was implicated in the aforementioned case. The Court emphasized that the law of preventive detention does not require an objective standard for ordering detention, as it's focused on suspicion or anticipation to prevent certain prejudicial activities. The responsibility for maintaining public order lies with the Executive, and its subjective satisfaction cannot be replaced by the Court's assessment. The Court does not assess the correctness or falsehood of the facts in the grounds of detention, as this lies within the Advisory Board's competence. The Court dismissed the petition, confirming the authorities' compliance with legal mandates and safeguards provided by the Act. This ruling reinforces the seriousness of anti-national activities and the importance of maintaining security and order within the UT of Jammu & Kashmir. |
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