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| Court can’t overwrite recommendations of Security Committee: High Court | | |
Early Times Report
Jammu, Nov 11: Jammu and Kashmir and Ladakh High Court has held that the court cannot substitute its own opinion in place of the recommendations of the Security Committee which have the benefit of analyzing the reports of the field agencies.
Justice Sanjay Dhar held that the Court in exercise of its writ jurisdiction cannot sit in appeal over the recommendations of the Security Review Coordination Committee and it cannot substitute its own opinion in place of the recommendations of the aforesaid Committee which had the benefit of analyzing the reports of the field agencies.
The petitioner Noor Mohammad Shah has challenged the decision of the respondents, whereby his security cover has been withdrawn. A further direction has been sought upon the respondents to restore security cover of X-2 category in favour of the petitioner and also to provide him Y-category security with a security vehicle.
According to the petitioner he is an active political worker and he belongs to a far-flung area of District Kupwara which is infested with militancy right from the year 1989. It is averred that the petitioner has been a member of the Pahari Advisory Board district Kupwara. According to the petitioner, he has worked actively with the Army and the security forces in counter insurgency operations and he has also played an active role in making a number of militants to surrender and shun the armed struggle. According to the petitioner, because of his role and his active participation in counterinsurgency operations, he is facing grave threat from the militants operating outside and within the State. The petitioner claims that his brother, Farooq Ahmad Shah, and his brother-in-law, Qazi Israel, were killed by the militants. In order to substantiate his claim, the petitioner has placed on record certificates/communications issued by the Army and State authorities.
Justice Sanjay Dhar while dismissing the petition observed that Court in exercise of its writ jurisdiction cannot sit in appeal over the recommendations of the Security Review Coordination Committee and it cannot substitute its own opinion in place of the recommendations of the aforesaid Committee which had the benefit of analyzing the reports of the field agencies. (JNF) |
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