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news details
HC refuses to quash PSA of LeT OGW
11/8/2021 11:33:50 PM
Early Times Report
jammu, Nov 8: Justice Dhiraj Singh Thakur of High Court dismissed the petition filed by Zahoor Ahmed Parray on over ground worker (OGW) of LeT challenging his detention under PSA.
In Habeas Corpus petition, the petitioner challenged the order of detention dated 3-1-2020, passed by the District Magistrate, Bandipora, whereby in purported exercise of powers vested in him in terms of clause (a) of Section 8 of the J&K Public Safety Act, 1978, he has directed detention of the petitioner with a view to prevent him from acting in any manner, which is prejudicial to the security of the state.
The basis of the detention is that the petitioner is active OGW of LeT and provides logistic support and shelter to the terrorists of LeT. It is alleged that the petitioner guides the active militants in Hajin area and has been orchestrating and organizing violent mobs for the enforcement of hartal calendar of Hurriyat and thus acted against the sovereignty, integrity, peace and tranquility of the Union of India. The petitioner has been booked in a series of FIRs, namely, FIR No.15/2014 under Section 148, 149, 307, 353, 332, 336, 427 RPC with Police Station Hajin. It is alleged that the petitioner and his associated had taken out an unlawful procession from Hajin and had started pelting stones upon police/security personnel deployed for maintenance of law and order duty, with an intention to the kill them and cause damage to Government/private property. In the said incident, grievous injuries are stated to have been inflicted to the security and police personnel. The said FIR is stated to have been resulted in filing of a charge-sheet in the Court of competent jurisdiction.
Justice Thakur while dismissing the petition observed that on a perusal of the report, it can be seen that the petitioner was served with a copy of the order of detention, with the grounds of detention as also copies of the FIR. Not only this, the execution report also suggests that the documents were read-over and explained to the detenue in Urdu and Kashmiri languages, which the petitioner understood fully. On a perusal of the records and the pleadings on record, it does not appear that the order of detention suffers from any non-application of mind or that it suffers from any procedural irregularity, the judge observed.
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