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| HC quashed preventive detention an OGW | | |
EARLY TIMES REPORT
JAMMU, Feb 10
Justice Ghulam Hasnain Massodi of J&K High Court Jammu Wing today quashed the preventive detention of Ghulam Qadir Khandey, government employee turned hardcore Over Ground Worker (OGW) of HM and LeT, who was detained under PSA vide order of District Magistrate Doda passed on March 21, 2009.
According to the detention grounds, the petitioner and his brothers Mohammad Hanief and Abdul Rashid appears that for the period 1991 to 2004 case under sections 121, 122, 123, 120-B RPC r/w sections 25 Arms Act and 4/25 ES Act registered with Police Station Doda against the petitioner. He has established links with militants in the year 2008 in District Doda by way of providing information regarding movement of STF, Police and Security Forces and also acting as Front Line OGW of LeT & HM Militant groups headed by militants who have recently been killed by STF in General Area of Doda. It was also alleged that detenue threatening the local population especially the government employees, contractors and extorting money on behalf of militants.
The detenue was also putting pressure on VDC members who are mostly belonging to minority community of Doda District threatening them of dire consequences if they will not help the cause of militants. Beside this the detenue being the government employee and educated person is well aware of the fact that whatever he was doing is illegal and punishable under law as militant organizations namely HM and LeT are illegal, anti-national and banned organizations
In the 20 pages judgment Justice Gh. Hasnain Massodi after hearing Adv NA Bhat appears for the petitioner and Deputy AG BR Chandan appearing for the state observed that preventive detention is anathema to a democratic polity having its foundation on personal liberty and rule of law. Court observed the preventive detention laws are repugnant to democratic constitutions and they cannot be found to exist in any of democratic countries of the world. Prevention detention laws all the same in word of the Supreme Court have taken route and have become a permanent part of statute book of this Country.
Justice Gh. Hasnain Massodi took serious note of the functioning of advisory board and observed that the advisory board surprisingly held the petitioner to have exfiltrated to Pakistan for obtaining weaponry training and to have come back in the year 1997, when the grounds of detention did not at any place alleged the petitioner having gone to Pakistan in the year 1995, obtained weaponry training and came back in 1997. The advisory board thus failed to objectively peruse and evaluate the material before it and rushed to conclusion on the ground not set-out in the grounds of detention. The advisory board has thus failed to discharge its constitutional duty. With these observations Court quashed the detention order of the detenue who was detained under PSA. (JNF)
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