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| HC upholds PSA of terror abettor | | |  Early Times Report
Jammu, June 2: Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of Tahir Riyaz Dar who was providing logistics to the banned terrorists organizations, namely, Lashker-e-Toiba (LeT) and the Resistant Front (TRF) and instigated youth of the area to join the ranks to strengthen their cadres. Justice Rajesh Sekhri while dismissing the petition, observed that as a matter of fact, the detail of FIR in the grounds of detention as also reference to his past activities and his release from jail, in the grounds of detention, manifests awareness of the detaining authority and application of mind on its part, before the detaining authority embarked upon to pass the impugned detention order. The impugned order in the circumstances, has been passed by the detaining authority, which is based on a reasonable prognosis of his future behaviour, based on his past conduct and in light of the surrounding circumstances.
This Court in exercise of writ jurisdiction, under Article 226 of the Constitution of India, has a limited scope to scrutinize the grounds of detention and cannot examine the sufficiency of material. The writ Court does not sit in appeal over the decision of detaining authority to substitute its own opinion when the grounds of detention are precise, pertinent, proximate and relevant. For what has been discussed above, it is found that grounds of detention, in the present case, are not only definite and proximate but free from any ambiguity. The detenue, in the present case, has been informed with sufficient clarity in the language which he fully understands. What weighed, while passing detention order, with the detaining authority are the narrated facts and figures in detail which made it to exercise its jurisdiction in terms of Section 8 of PSA and it recorded subjective satisfaction that detenue was required to be placed under preventive detention in order to prevent him from his prejudicial activities.. (JNF) |
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