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HC upholds PSA of terror instigator
5/16/2024 10:55:59 PM
Early Times Report
Jammu, May 16: Justice Puneet Gupta of Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of Tanseem Ahmad Sheikh who has contacts with banned terrorist organization Hizbul Mujahideen for extending logistic support to the said organization and is instigating the young generation to join ranks of such outfit.
According to the detention order that reliable source indicated that the petitioner has contacts with banned terrorist organization Hizbul Mujahideen for extending logistic support to the said organization and is instigating the young generation to join ranks of such outfit. There is also possibility of the petitioner joining the militancy if not prevented as early as possible. Not only that, it is also stated in the detention order that the petitioner activities on the cyber space and social media are such which disturb the peace and tranquility of the nation.
Justice Puneet Gupta after hearing both the sides observed that There is no reason to disbelieve that the petitioner has not been handed over that much of material at the time of execution of the warrant. The plea taken that the copy of the FIR or other material was not provided to him is a plea which cannot be accepted by the Court. Even if a document or two is not provided to the detenue while executing the warrant that does not mean that the detention proceedings are illegal in their entirety. The reference to the past activities in the detention order is not the basis of impugned detention order and if some material regarding those allegations is not provided to the petitioner that will not be fatal to the detention proceedings.
High Court further observed that the petition is misconceived. The detention order passed against the petitioner is in accordance with law and is upheld. (JNF)
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