SRINAGAR: The Jammu and Kashmir and Ladakh High Court, on Saturday upheld two detention orders passed under the Public Safety Act. The court found that the individuals in question were involved in inciting against the government and promoting anti-national sentiments.
The PSA of Rafeeq Ahmad Khan, a resident of Baramulla, detained on March 10, 2023, was upheld by the court. His detention was based on involvement in anti-national activities. The court, upon reviewing the detention record, noted Khan’s participation in subversive activities and his involvement in the smuggling and distribution of narcotic and psychotropic substances among youth, posing a threat to the nation’s economy.
In its judgment, the court stated, “The law’s priority is self-preservation, protection of the country, and national security in certain circumstances. For these reasons, the instant petition is without merit and is dismissed.”
The court also dismissed the plea of Bilal Ahmad Dar from Budgam, challenging his detention order. Dar had been detained by the District Magistrate of Budgam on June 27, 2022, with grounds citing his involvement in targeting innocent civilians and recruiting youth into militant organisations.
The court asserted that the activities mentioned in the grounds of detention not only posed a threat to the security of the Union Territory but also aimed to perpetuate a dangerous terror atmosphere and create conditions conducive to secessionist and militant activities, destabilising the administrative machinery of the Union Territory.
The court further emphasised that the detention orders of both individuals were legally sound, with clear and unambiguous grounds, and that the detainees had been properly informed of the reasons behind their detention.
Additionally, the court quashed four PSA orders, citing failures in following statutory formalities. The PSA orders of Aqib Farooq Bhat from Budshah Nagar Srinagar, Safeer Ahmad Bhat from Baramulla, Bilal Ahmad Ganie from Pandach, and Azad Ahmad Ganai from Srinagar were all invalidated by the court.
