 Early Times Report
Jammu, May 22: Justice Puneet Gupta of Jammu & Kashmir and Ladakh High Court today upheld the detention under PSA of Murtaza Munawar who is an alleged Over Ground Worker of banned Terrorist Organizations.
The petitioner has challenged the detention order No.62/DMP/PSA/22 dated 29.06.2022, passed under Public Safety Act,1978 by the respondent No.2 on the ground that the petitioner is acting in a manner prejudicial to the security of the State.
The perusal of the detention order and the grounds mentioned in the same reveal that the respondent No.2-District Magistrate, Pulwama has purportedly relied upon the dossier provided by the SSP Pulwama. It is mentioned in the detention order that the petitioner is associated with various banned terrorist organizations and exploiting the religious sentiments of the people of the area and exhorting them to indulge in activities to the prejudice to the security of the State. The petitioner is extending logistic support to the terrorists as well as Over Ground Worker (OGW) of a banned terrorist organization. The petitioner was on the forefront of violent mobs, who were pelting stones on security forces are also mentioned in the detention order. The associate of the petitioner are active in the area and could influence the petitioner for joining the militancy.
Court after hearing both the sides observed that If the respondent No.2 has taken into consideration the report of the SSP of the concerned area and thereafter made its own opinion for passing the detention order no illegality can be found in it. The subjective satisfaction of the respondent No.2 cannot be questioned by It is mentioned in the detention order that the petitioner is associated with various banned terrorist organizations and exploiting the religious sentiments of the people of the area and exhorting them to indulge in activities to the prejudice to the security of the State. The petitioner is extending logistic support to the terrorists as well as Over Ground Worker (OGW) of a banned terrorist organization.
Court further observed that Supreme Court of India in titled Union of India and another Vs. Dimple Happy Dhakad, wherein it has been held that the duty of the court to safeguard any against encroachment on the life and liberty individuals but at the same time the authorities who discharged functions under law the same should not be interfered without justification. The detention order has stated of the activities of the petitioner which affect the security of the nation. The argument raised of the ambiguity of the allegations in the detention order is rejected. It is specifically mentioned in the detention that he is over ground worker of banned terrorist organizations, exhorting the youth to join the terrorist activities and was part of mobs which pelted stones on security forces and enchanted anti national slogans during funeral procession of terrorists.
Court observed that the grounds agitated by the counsel for the petitioner to quash the detention order are without merit. The petition is, accordingly, dismissed. (JNF) | 