Early Times Report
Jammu, July 23: Justice MA Chwodhary upheld the detention under PSA of Rehmatullah alleged Anti-National.
Petitioner challenged the Detention Order No.PSA-02 of 2024 dated 09.11.2024 (impugned order), issued by respondent No.3, District Magistrate, Doda ( “the detaining authority”), whereby the petitioner namely Rehamatullah S/O Abdul Ghani Padder R/O Dessa Bhata A/P Akramabad, Tehsil & District Doda (for short ‘the detenue’) has been placed under preventive detention, in order to prevent him from acting in any manner against the ‘Security of the State’.
Justice MA Chowdhary after hearing Adv Sheikh Shakeel Ahmed with Adv Rahul Raina for the petitioner whereas Govt Advocate Eishaan Dadhichi for the UT, observed that 14. In the present case, the Detaining Authority has applied its mind by going through all the material, past conduct of the detenue against whom five FIRs stand registered and accordingly, arrived at subjective satisfaction that the activities of the detenue were prejudicial to the interest of the State and issued the order of detention, which cannot be found fault with. Since the activities of the detenue were directed against the object mentioned in the Act and the Detaining Authority has arrived at subjective satisfaction that it was necessary to prevent the detenue from acting in such manner and consequently, order of detention came to be issued. Thus, it clearly shows that it is satisfaction of the Government on the point, which alone is necessary to be established.
HC further observed that Its aim and object are to save the society from activities that are likely to deprive a large number of people of their right to life and personal liberty. In such a case, it would be dangerous for the people at large, to wait and watch, by the time ordinary law is set into motion, the person having dangerous designs, would execute his plans, exposing the general public to risk, causing colossal damage to life and property. It is for that reason necessary to take preventive measures and subsequently, prevent the person bent upon to perpetuate mischief from translating his ideas into actions. Therefore, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of individual must give way to the larger interest of the nation.
While dismissing the petition, Justice MA Chowdhary observed that In a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the State and/or maintenance of public order, must be strictly construed. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation. Viewed thus, there is no ground to interfere in the impugned order of detention. The petition lacks merit and is dismissed, as such. JNF |
