HC quashes detention of two

27/07/2021

Jammu, Jul 26: The Jammu & Kashmir and Ladakh High Court today quashed the detention under Public Safety Act of two namely Amir Majeed Wani and Imtiyaz Ahmad Sheikh.
Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court while quashing the detention order observed that since the ground on which the order of detention is rendered unsustainable goes to the legitimacy of the subjective satisfaction of the Detaining Authority and, therefore, this Court need not dwell and consider other grounds of challenge urged by the petitioner. With these observations, petitions are allowed & the impugned order of detention is quashed. The respondents are directed to release the petitioners from preventive custody forthwith, provided he is not required in any other case.
Amir Majeed Wani (“the dete-nue”) has filed this petition through his father seeking to quash his detention ordered by the District Magistrate, Shopian ("the Detain-ing Authority") vide its order No.55 /DMS/PSA/2019 dated 23.8.2019.
Justice Sanjeev Kumar while quashing the detention order of District Magistrate, Shopian vide its order No.55/DMS/PSA/2019 dated 23.08.2019 whereby Amir Majeed Wani had been detained, observed that In the instant case, though, very detailed reply affidavit has been filed by the Detaining Authority, yet no attempt seems to have been made to explain the delay of about three weeks in passing the order of detention and about four months in executing the impugned order of detention. The petitioner was all along in the custody of the respondents. He was arrested in FIR No.39/2019 and was in custody when the order of detention was made and had not been released on bail. The judgments referred to herein above support the contention of the counsel for the petitioner and render the order impugned bad in the eye of law.
According to the police, the detenue was found actively involved in garnering support and instigating/provoking the masses against the cordon and search operations carried by police/security forces. He would assemble mobs at the encounter sites and create obstructions in the way of security forces to effectively discharge their official duties. The detenue used to lure the youth to join militant ranks of HM and LeT organizations. The detenue has also been found instrumental in providing logistic support to militants, like arranging safe shelter, hide outs and clothing. The detenue along with active militants were planning to detonate an IED targeting the security forces vehicle, however, due to timely action by the security forces, he along with associates was arrested and an IED recovered from his possession. FIR No.42/2017 under Sections 147, 148, 149, 353, 332, 307, 336 RPC was registered in Police Station, Zainapora against the detenue and others on the allegation that the detenue along with others miscreants provoked youth in Zainapora market to pelt stones on security forces that were deployed in the market. FIR No.58/2018 under Sections 148, 149, 336, 341, 353 RPC came to be registered in Police Station, Zainapora on the allegations that after killing of two militants in an encounter with the security forces, detenue along with other OGWs instigated youth to gather in the vicinity of CRPF camp located at Babapora and to pelt stones on security forces. On 16.06.2019, police of Police Station, Zainapora received a reliable information that militants of HM, namely, Syed Naveed Mushtaq @ Naveed Babu, Shakir Ahmad Paul, Aadil Bashir Shaikh in active association with detenue and other OGWs were devising a strategy to increase the militant activities. Accordingly, FIR No.39/2019 under Section 16,18, 38, 39 ULA(P) Act came to be registered in Police Station Zainapora and the detenue along with others was apprehended. During investigation, an IED was recovered from the possession of the detenue. The petitioner was arrested in the aforesaid FIR No.39/2019 and while he was in custody and on remand, it was apprehended that he might succeed in getting bail from the Court and on being enlarged he would again indulge in militancy related activities prejudicial to the security of State. The Detaining Authority, thus, arrived at the satisfaction that it was necessary to place the petitioner in preventive detention with a view to preventing him from indulging in activities prejudicial to the security of the State.
Justice Sanjeev Kumar while quashing detention of the Imtiyaz Ahmad Sheikh whose detention ordered by the District Magistrate, Baramulla ("the Detaining Authority") vide its order No.09/DMB/PSA/2019 dated 04.07.2019, observed that In the instant case, though, very detailed reply affidavit has been filed by the Detaining Authority, yet no attempt seems to have been made to explain the delay of two months in passing the order of detention and more than four months in executing the impugned order of detention. The petitioner was all along in the custody of the respondents. He was arrested in FIR No.29/2019 and was on remand when the order of detention was made and had not been released on bail or otherwise when the detention order was executed. The judgments referred to herein above support the contention of the counsel for the petitioner and render the order impugned bad in the eye of law.
The impugned detention has been ordered on the basis of material supplied by the Senior Superintendent of Police, Sopore vide his communication dated 03.05.2019. As per the grounds of detention, claimed to have been served upon the detenue, the detenue after completion of graduation went to Deoband (U.P.) to complete his Fazil degree. He also completed his M.A. degree from Moulana Azad University, Hyderabad. While working in Cotton Textile Company, Srinagar as manager, the detenue came in contact with local militant, namely, Reyaz Ahmad Dar resident of Naseerabad, Sopore in the month of July, 2018 at Darul-ul-Uloom. The said militant motivated the detenue to work with militants as over ground worker. On being motivated, the detenue started working as OGW and after killing of Reyaz Ahmad Dar during an encounter with the security forces, the detenue developed his contacts with the militants of JeM/LeT and started working with them. The detenue started providing food and shelter to foreign and local militants of the aforesaid organizations. The detenue also became a close associate of one foreign militant MosaBahi of Pakistan, who was sheltered by the detenue in his house. There are allegations against the detenue that he was instrumental in strengthening militant activities in Sopore area.

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