HC upholds PSA of two TRF associates

13/08/2022

JAMMU, Aug 12: Justice Sindhu Sharma of Jammu & Kashmir and Ladakh High Court upholds the detention under PSA of Faheem Sultan Gojree and Hamid Farooq Bhat passed by District Magistrate Srinagar and District Magistrate Kulgam.
The detenu has assailed the detention order No. 10/DMK/PSA/2021 dated 18.10.2021 passed by the District Magistrate, Kulgam,vide which, the detenu namely Hamid Farooq Bhat 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. The detenu has assailed this order of detention through his brother namely Amir Ahmad Bhat.
The detenu was detained vide order dated 18.10.2021 passed by the District Magistrate, Kulgam. As per the grounds of detention, the detenu 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 detenue, being a hardcore OGW of banned HM and TRF Militants outfit, the detenu'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 detenu 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 detenu namely Faheem Sultan Gojree S/o Sh. Mohammad Sultan Gojree R/o Jahangir Mohalla Cement Kadal, Srinagar 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 detenu 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 detenu 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 the detenue 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). The detenue 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 detenue 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 Sindhu 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 detenu was duly informed of what weighed with the detaining authority while passing the order of detention. The Detaining Authority after considering the material placed before it had arrived at the requisite satisfaction that the detenu was required to be placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the State, therefore, there is no infraction of constitutional and statutory rights of the detenue. The Detaining Authority has arrived at its subjective satisfaction after considering all the material. The decision of the Detaining Authority cannot be substituted by the Court while scrutinizing the detention order. Since preventive detention is a precautionary measure to protect the society from activities which may cause harm to their life and liberty. Preventive detention is a precautionary measure to protect the society from the activities that are likely to deprive a large number of people of their rights and protect them from damaging their life and property.

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