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| HC dismisses petition filed by detenue’s son | | Delhi businessman’s PSA detention | | EARLY TIMES REPORT
Jammu, Nov 27: Dismissing the Habeas Corpus petition, filed by the son of a detenue Ravinder Kumar, Jain, a businessman of Karol Bagh, New Delhi, detained under PSA by the District Magistrate, Udhampur, on various grounds, Justice Virender Singh of J&K High Court Jammu Wing today, in a 14 page approved for reporting landmark judgment, observed that it cannot be said that the allegations against the detenue that he is Hawala Courier and dispatch rider for certain terrorist organizations involved in carrying out anti-national and subversive activities in the State and out side the state. For drawing its requisite satisfaction, the detenue could reasonably be considered by the detaining authority as and active Hawala Operator who used to supply the Hawala money to different persons having deep routed links with the terrorists outfits. Terrorist's activities cannot be carried out by the militant organizations without their being financial resources. The gravity of the offence of the person involved providing financial support to militants, organizations, is certainly of a higher degree even in the comparison two those who actually carry out ground level sinister operations. The detenue like persons, for the health of the society deserves to be de-activated, the Judge further observed.
Court further observed that no doubt, the right to life and personnel liberty is most cherished of all the rights guaranteed under the Constitution of India and no one can trample upon it in a casual manner, unless there are compelling circumstances to do so. But, in the present case in the view of the Court, the detention order passed by the District Magistrate Udhampur, does not suffer from any infirmity on any count, falling with the scope of judicial review, so as to call it bad in the eyes of law. In fact, it is based on the subjective satisfaction of the detaining authority after re-assessing the entire material on record. It reflects due and proper application of mind of the detaining authority in which all relevant and vita material has been noticed, adverted to and then considered. With these observations, Court dismissed the petition.
The detenue is charged of being involved in delivering money to Ghulam Mohammed Bhat, leader, Tehriq-e-Hurriyat at his residence in Delhi and Srinagar, who in turn delivered the same to Syed Ali shah Geelani, Chairman Tehriq-e-Hurriyat for carrying out terrorist activities. It is further alleged that till his arrest, he did the Hawala transaction to the tune of Rs hundred crores with different persons in different transactions, out of which Rs 8 lakh deal was with Jamali Khan (involved in CNG Cylinder Hawala case) for providing financial aid to terrorist organizations to carry out anti-national and subversive activities. JNF |
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