July 27, 2021 11:45:52 am
The Jammu & Kashmir and Ladakh High Court here on Monday quashed the detention of two Kashmiri youth who were detained under Public Safety Act on charges of their alleged involvement in militancy related activities.
Since the ground on which the order of detention is rendered unsustainable goes to the legitimacy of the subjective satisfaction of the detaining authority and, therefore, this court need not dwell and consider other grounds of challenge urged by the petitioner, observed Justice Sanjeev Kumar while setting aside the detention orders issued by District Magistrates of Shopian and Baramulla. He ordered release of detenues – Amir Majeed Wani and Imtiyaz Ahmad Sheikh, from preventive custody forthwith, provided they are not required in any other case.
Amir Majeed Wani had filed the petition through his father seeking to quash his detention ordered by the District Magistrate, Shopian vide order dated August 23, 2019. Imtiyaz Ahmad Sheikh was detained under PSA following order by the District Magistrate, Baramulla dated July 4, 2019.
While quashing the order of District Magistrate, Shopian detaining Amir Majeed Wani under PSA, Justice Sanjeev Kumar observed that though a very detailed reply affidavit has been filed by the Detaining Authority in the instant case, no attempt seems to have been made to explain the delay of about three weeks in passing the order of detention and about four months in executing the impugned order of detention, when the petitioner was all along in the custody of the respondents and had not been released on bail.
Similarly, in the case of Imtiyaz Ahmad Sheikh, no attempt seems to have been made to explain the delay of two months in passing the order of detention and more than four months in executing the impugned order of detention. The petitioner was all along in the custody of the respondents and he was on remand when the order of detention was made.
According to the police, Aamir Majeed Wani was actively involved in garnering support and instigating/provoking the masses against the cordon and search operations carried by police/security forces. He would assemble mobs at the encounter sites and created obstructions in the way of security forces to effectively discharge their official duties.
The detenue used to lure the youth to join militant ranks of HM and LeT organizations. He has also been found instrumental in providing logistic support to militants, like arranging safe shelter, hide outs and clothing.
An FIR was registered at Police Station, Zainapora in 2017 against the detenue and others for allegedly provoking youth in the local market to pelt stones on security forces that were deployed there. Another FIR registered at the same police station in 2018 for allegedly instigating youth to pelt stones on a CRPF camp at Babapora after the killing of two militants in an encounter with the security forces.
On June 16, 2019, Zainapora police station received a reliable information that Hizbul Mujahideen militants namely, Syed Naveed Mushtaq @ Naveed Babu, Shakir Ahmad Paul, Aadil Bashir Shaikh in active association with detenue and other OGWs were devising a strategy to increase the militant activities. Accordingly, an FIR under provisions of ULA(P) Act came to be registered there and the detenue along with others was apprehended.
During investigation, an IED was recovered from the possession of the detenue. The petitioner was arrested and while he was in custody and on remand, it was apprehended that he might succeed in getting bail from the Court and on being enlarged he would again indulge in militancy related activities prejudicial to the security of State. The Detaining Authority, thus, arrived at the satisfaction that it was necessary to place the petitioner in preventive detention with a view to preventing him from indulging in activities prejudicial to the security of the State.
Imtiyaz Sheikh, as per the grounds of detention, after the completion of graduation went to Deoband (U.P.) to complete his Fazil degree. He also completed his M.A. degree from Moulana Azad University, Hyderabad.
While working in Cotton Textile Company, Srinagar as manager, he came in contact with local militant, namely, Reyaz Ahmad Dar of Naseerabad, Sopore in July, 2018 at Darul-ul-Uloom. The latter motivated him to work with militants as an over ground worker.
After the killing of Reyaz Ahmad Dar during an encounter with the security forces, the detenue developed contacts with the militants of JeM/LeT and started working with them. He also started providing food and shelter to foreign and local militants of the aforesaid organizations.
The detenue also became a close associate of one foreign militant Mosa Bahi of Pakistan and provided him shelter in his house. There are allegations against the detenue that he was instrumental in strengthening militant activities in Sopore area.
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