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| HC uphold PSA of JeM OGW | | | Early Times Report
JAMMU, Apr 8: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of Mumtaz Ahmed who is alleged Over ground Worker of Jaish-e-Mohammad, a banned outfit.
Justice Sanjay Dhar after hearing both the sides observed that Detaining Authority has filed its counter affidavit in which, it has been submitted that all the constitutional and statutory safeguards have been adhered to by the respondents while detaining the petitioner. It has further been submitted that the whole of the material forming basis of the grounds of detention has been furnished to the petitioner. According to the respondents, the petitioner has been actively involved in separatist and secessionist ideologies within District Poonch and he has been working as Over Ground Worker for Jaish-e-Mohammad, a banned outfit. It has further been submitted that the petitioner has been aiding the movement of terrorists in District Poonch and facilitating their evasion of security forces. It has been submitted that the petitioner's constant engagement in terror related activities have created disturbance, fear and atmosphere of insecurity in the UT of Jammu and Kashmir. It has also been submitted that the petitioner has been providing logistic support to the terrorists and he is also harbouring such elements.
Justice Sanjay Dhar while dismissing the petition, observed that a perusal of grounds of detention and their comparison with the dossier of detention does not lead us to the conclusion that the grounds of detention are replica of the dossier. Merely because there is reproduction of the certain factual aspects narrated in the Police dossier in the grounds of detention does not necessarily prove non application of mind by the Detaining Authority. The grounds of detention clearly indicate that the Detaining Authority has applied its mind after noticing the facts mentioned in the dossier of detention. The Detaining Authority has noted that the petitioner is receiving instructions from wanted terrorist operative namely, Haq Nawaz, who is based in Saudi Arabia. It has also been noted by the Detaining Authority that the petitioner is working for PAFF a frontal terror proxy outfit of Jaish-e-Mohammad and he has been assisting the said organization to carry out terror activities in District Poonch. Upon noticing all these facts, the Detaining Authority has drawn its subjective satisfaction that in order to uphold the security interests of the UT of J&K and the Indian State, it is imperative to detain the petitioner. The case law referred to and relied upon by the learned counsel for the petitioner is not applicable to the facts of the case, as in the present case, the grounds of detention clearly reflect application of mind on the part of the Detaining Authority. Thus, it cannot be stated that there has been any mechanical exercise of power on the part of the Detaining Authority while passing the impugned order of detention. —JNF |
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