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HC stays Srinagar man’s detention under PSA

Post by on Wednesday, June 22, 2022

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Srinagar, June 21: The High Court of Jammu & Kashmir and Ladakh stayed the detention order under Public Safety Act (PSA) against Srinagar resident, Aijaz Ahmad Rah, who is suffering from Hemiplegia.
The court was hearing a habeas corpus petition challenging the detention order under PSA issued by District Magistrate Srinagar on April 05, this year.
In this connection, Justice M.A Chowdhary issued notice to the respondents and directed them to file objections within two weeks, and listed the matter for hearing on July 12.
"In the meantime, the execution of the impugned order is stayed subject to objections from the other side and till the next date before the bench," the court said.
The bench passed the directions after petitioner counsel, N.A Ronga, submitted that the order passed in the first week of April has not been executed so far by the respondents.
He submitted that the petitioner is suffering from HTN, right-sided paralysis (Hemiplegia) certified by Government SMHS Hospital, Srinagar in terms of the medical certificate issued to him.
As per the PSA dossier, Rah after dropping out of School started working as a mechanic and is presently running a vehicle Repair Shop at Pandach, Srinagar.
It is alleged in the dossier that he came into contact with cadres of ISJK, a proscribed outfit, who motivated him to work as Over Ground Worker (OGW) for providing logistic support. 
"Having radicalized thoughts in a short span of time you became a staunch OGW of your area, besides preaches and propagates terrorist ideology in the area and motivated youth for joining unlawful activities in the area," it alleges.
It further alleges that in 2020, Rah arranged a room on rent at Pandach for militants, and thereafter on May 20, 2020, the said militants fired upon BSF nafri at Pandach during which two BSF personnel were injured and later succumbed to their injuries.
The dossier reads that Rah had remained an active leading instigator during 2010, 2016, and 2019 in creating law and order problems in Soura& adjoining areas.
It stated that he was arrested in case FIR No. 48/2020 under Sections 320 , 395 - IPC 7/25 , 7/27 IA Act 16, 18, 19, 20, 23, 39 UA ( P ) Act registered in Police Station Soura, Srinagar. The case stands challenged on December 19, 2020 before the TADA/POTA Court in Srinagar.
 "There is every apprehension that the disgruntled elements like you are given liberty to move freely having significant potential to disrupt public order within the Kashmir valley particularly in District Srinagar by way of unlawful activities as well as great threat to the security of UT of J & K at this delicate moment," the dossier reads.
It alleges that Rah has been found indulging in disturbing the public tranquility besides endangering human life, also causes impediment in the smooth economic development of the J&K .
"Your activities are a great threat to the public order as well as the security of UT of J&K. The people of the area are highly terrorized by you and live in an atmosphere of threat due to your activities. If you are allowed to remain free in the area there is every apprehension that you will further support terrorists, rejuvenate stone-pelting, and will motivate the youth for anti-national activities," it says.
However, the petitioner challenged the detention order on the ground that the allegations in the grounds of detention “are vague and indefinite and no prudent man can make an effective representation against these allegations”.

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