STATE TIMES NEWS JAMMU: Jammu & Kashmir and Ladakh High Court quashed detention under Public Safety Act (PSA) of two namely Amir Majeed Wani and Imtiyaz Ahmad Sheikh. Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court, while quashing detention order of Imtiyaz Ahmad Sheikh, observed that since the ground on which order of detention is rendered unsustainable, goes to legitimacy of subjective, satisfaction of Detaining Authority and, therefore, the Court need not dwell and consider other grounds of challenge urged by petitioner. With these observations, petition is allowed and impugned order of detention is quashed. The respondents are directed to release petitioner from preventive custody forthwith, provided he is not required in any other case, the Court observed. Amir Majeed Wani (detenue) has also filed a petition through his father seeking to quash his detention order issued by District Magistrate, Shopian (Detaining Authority) vide No.55/DMS/PSA/2019 dated August 23, 2019. Justice Sanjeev Kumar while quashing the detention order of District Magistrate Shopian, observed that in instant case, though, very detailed reply affidavit has been filed by Detaining Authority, yet no attempt seems to have been made to explain the delay of about three weeks in passing order of detention and about four months in executing the impugned order of detention. The petitioner was all along in custody of the respondents. He was arrested under FIR No.39/2019 and was in custody when the order of detention was made and had not been released on bail. The judgments referred to herein support contention of the counsel for the petitioner and render the impugned order bad in eyes of law,” the Court observed. According to police, detenue was found actively involved in garnering support and instigating/provoking masses against Cordon And Search Operations (CASOs) carried by police/ security forces. He used to assemble mobs at encounter sites and created obstructions for security forces to effectively discharge their official duties. The detenue used to lure youth to join terrorist ranks of HM and LeT organisations. The detenue has also been found instrumental in providing logistic support to terrorists, like arranging safe shelter, hide-outs, clothing etc. The detenue along with active terrorists were planning to detonate an IED targeting the security forces vehicle, however, due to timely action by security forces, he along with other associates was arrested and an IED was recovered from his possession. FIR No.42/2017 under Sections 147, 148, 149, 353, 332, 307, 336 of RPC was registered in Police Station, Zainapora against detenue and others on the allegation that detenue along with others miscreants provoked youth in Zainapora market to pelt stones on security forces. FIR No.58/2018 under Sections 148, 149, 336, 341, 353 of RPC was registered at Police Station, Zainapora on allegations that after killing of two terrorists in an encounter with security forces, detenue along with other OGWs instigated youth to gather in vicinity of CRPF camp located at Babapora and pelted stones on security forces. On June 16, 2019, a team from Police Station Zainapora received a reliable information that terrorists of HM, 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 terrorist activities. Accordingly, FIR No.39/2019 under Section 16,18, 38, 39 of ULA(P) Act was registered at Police Station Zainapora and the detenue along with others was apprehended. During investigation, an IED was recovered from possession of the detenue. The petitioner was arrested in under FIR No.39/2019 and while he was in custody and on remand, it was apprehended that he might succeed in getting bail from Court and on being enlarged, he would again indulge in terrorism related activities, prejudicial to the security of State. The Detaining Authority, thus, arrived at a satisfaction that it was necessary to place petitioner in preventive detention with a view to preventing him from indulging in activities prejudicial to security of the State. The impugned detention was ordered on basis of material supplied by Senior Superintendent of Police, Sopore vide his communication dated May 3, 2019. As per case, the detenue after completion of graduation went to Deoband (UP) to complete his Fazil degree. He also completed MA from Moulana Azad University, Hyderabad. While working in Cotton Textile Company Srinagar as Manager, the detenue came in contact with local terrorist, namely Reyaz Ahmad Dar, resident of Naseerabad, Sopore in July, 2018 at Darul-ul-Uloom. The said terrorist motivated the detenue to work with terrorists as over-ground worker. On being motivated, the detenue started working as OGW and after killing of Reyaz Ahmad Dar during an encounter with security forces, the detenue developed his contacts with terrorists of JeM/LeT and started working with them. The detenue started providing food and shelter to foreign and local terrorists of the aforesaid organizations. The detenue also became a close associate of a foreign terrorist MosaBahi of Pakistan, who was sheltered by the detenue in his house. There were allegations against detenue that he was instrumental in strengthening terrorists’ activities in Sopore area.
