HC dismisses petition challenging Alam’s PSA

08/09/2018

Jammu, Sep 7: Justice Tashi Rabstan of J&K High Court Jammu Wing today dismissed the petition seeking quashment of PSA of Separatist leader and Muslim League head Masrat Alam Bhat.
Justice Tashi Rabstan while dismissing the petition filed by uncle of MasratAlam, observed that Our country is victim of an undeclared war by the epicentres of terrorism, radicalism, secessionism and extremism with the aid of well-knit and resourceful outfits and organizations, engaged in secessionist, terrorist and radical activities in different States, such as Jammu and Kashmir, North-East States, West Bengal, Tamil Nadu, Andhra Pradesh.
It is not necessary to swell the incidents happening throughout the country by narrating all the episodes of extremist, terrorist, fanatical activities that the country witnesses. These acts and activities are meant to destabilize the Nation, to raze the constitutional principles that we hold dear, to create a psyche of fear and anarchism among common people, to tear apart the secular fabric, to overthrow democratically elected governments, to promote prejudice and bigotry, to demoralize security forces, to thwart economic progress and development and so on and so forth. This cannot be equated with a usual law and order problem within a State. Fight against overt and covert prejudicial acts is not a regular criminal justice endeavour. Rather it is defence of our nation and its citizens. It is a challenge to the whole nation and invisible force of Indianness that binds this great nation together. Therefore, secessionist, extremist and terrorist activities are challenge for law enforcement. By indulging in such activities, organized groups and/or individuals, trained, inspired and supported by fundamentalists and anti-Indian elements are trying to destabilize the country. This new breed of menace was hitherto unheard of. Extremism, fanatism, terrorism is definitely a criminal act, but it is much more than mere criminality. Today, the government is charged with the duty of protecting the unity, integrity, secularism and sovereignty of India from terrorists, both from outside and within borders.
Justice TashiRabstan further observed that the threat that we are facing is now on an unprecedented global scale. Terrorism has become a global threat with global effects. It has become a challenge to the whole community of civilized nations. Terrorist activities in one country may take on a transnational character, carrying out attacks across one border, receiving funding from private parties or a government across another, and procuring arms from multiple sources. Terrorism in a single country can readily become a threat to regional peace and security owing to its spillover ramifications. It is therefore difficult in the present context to draw sharp distinctions between domestic and international terrorism. Many happenings in the recent past caused the international community to focus on the issue of terrorism with renewed intensity. Anti-fanatism, anti-extremism, antiterrorism activities in the global level are mainly carried out through bilateral and multilateral cooperation among nations. It has, in such circumstances, become our collective obligation to save and protect the State and its subjects from uncertainty, melancholy and turmoil. With these observations Justice TashiRabstan dismissed the petition. JNF

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