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news details
HC upholds detention of petitioner under PSA
10/17/2019 10:07:28 PM

Early Times Report

Srinagar, Oct 17: Justice Ali Mohammad Magrey upheld detention of Rameez Mohi-ud-din Lone under Public Safety Act (PSA) who motivated local youth to join militancy with the aim of enhancing terrorist network in District Kupwara.
Justice Ali Mohammad Magrey while dismissing the petition filed by Lone, observed that as per the settled position of law if a detention order is issued on more than one ground independent of each other, the detention order will survive even if one of the grounds is found to be unfound or legally unsustainable. In the present case the detention order is issued on more than one ground independent of each other, therefore, the detention order does not get vitiated even if one of the grounds taken in support of the petition turns affirmative. My view is fortified by a law laid down by the Supreme Court in case titled "Gautam Jain v. Union of India and anr."
Justice Ali Mohammad Magrey further observed that since the court has already held that the detention survives even if one of the grounds taken in support of the petition remains unexplained or proves to be bad in law, the detention order can be maintained in absence of any explanation on this count by the respondents and in view of the above fact situation and having regard to the law laid down by the Supreme Court, this petition fails and is dismissed, as such. The impugned detention order challenged in this petition, accordingly, sustains and is maintained. (JNF)
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