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| HC uphold PSA of terrorist sympathizer | | |
Early Times Report
Jammu, June 7: Justice Mohammad Akram Chowdhary uphold the order No.33/PSA of 2022 dated 04.11.2022, issued by District Magistrate, Ramban whereby Sajad Ahmed alleged militant sympathizer was detained under PSA.
According to the police the activities of the detenue are highly prejudicial to the maintenance of public order. It is submitted that the petitioner was in contact with one terrorist namely Mohammad Ashraf Naik S/O Ahmedo Naik R/O Lablotha Khari, who is affiliated with HM Outfit, operating from POK/Pakistan. The activities of the petitioner are stated very harmful and highly prejudicial for the peace, prosperity, tranquility, integrity and security of the Union Territory of J&K particularly Banihal area. It is pleaded that the petitioner used to instigate and provoke the general masses particularly youth of Banihal and adjoining areas against the Government and disturbing peaceful atmosphere in the area. It is also submitted that the petitioner was also trying to create communal tension and usually remains busy in recruiting/indulging youth in militancy related activities. According to the respondents, the activities of the petitioner have a potential of igniting a cycle of violence in the Union Territory. It is further submitted by the respondents that the activities of the detenue are anti-social and prejudicial to the maintenance of public order, security and peaceful atmosphere in the area. It is further claimed in the reply affidavit that all the statutory and constitutional requirements have been fulfilled and complied with by the detaining authority and that the order has been issued validly and legally. In order to support their contentions, the respondents have produced the record of detention.
Justice MA Chowdhary after hearing both the sides observed that No doubt, the right to personal liberty of an individual is jealously protected by our Constitution but this liberty is not absolute and is not to be understood to amount to licence to indulge in activities which wrongfully and unjustly deprive the community or the society of essential services and supplies. The right of the society as a whole is, from its very nature, of much greater importance than that of an individual. In case of conflict between the two rights, the individual's right is subjected by our Constitution to reasonable restrictions in the larger interest of the society." Viewed thus, impugned order of detention does not call for any interference by this Court. The petition lacks merit and is dismissed, as such. (JNF) |
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