The High Court on Monday rejected the plea challenging the detention orders of Ameer-e- Jamaat-e-Islaami, Jammu Kashmir, Dr Abdul Hameed Ganai.
The Court of Justice Ali Mohammed Magrey dismissed the petition on the grounds that petition is without any merit.
While dismissing the petition Justice Magrey said that detenu has been caught in the act, which are prejudicial to the security of the State.
“He has been, what is discernible from grounds of detention, instigating and motivating youth to indulge in breach of law and, thereby create enmity and disharmony among general masses,” Justice Magrey recorded in the order.
The Court said that the grounds of detention also depict that despite facing criminal investigation, “the detenu has indulged in unlawful activities repeatedly.”
“If that be so, it is not possible to say that order of detention was passed by detaining authority with a view to subverting, or substituting the criminal law of the land,” Magrey said.
Court said that the order of detention was plainly and undoubtedly with a view to preventing detenu from continuing the activities which are prejudicial to the security of the State.
The petition filed by Dr. Hameed Ganai through Advocate Salih Pirzada challenging the detention orders passed by district Magistrate Budgam on 20arch 2019.
The detenu, Abdul Hameed was arrested on 22 February 2019 at 4:00 A.M. from his residence, Wazir Bagh, Budgam.
Hameed was sent to the Police Station Humhama, where he remained for two days and thereafter He was shifted to Central Jail, Srinagar.
On 09 March 2019 upon production before Tehsildar, Budgam, the detenue was admitted to bail but was re-arrested suddenly and escorted to Police Station, Humhama, wherefrom he was shifted to District Jail, Kathua on 24 March 2019 under the provisions of the Jammu and Kashmir Public Safety Act in connection with case FIR No. 42/2019 and subsequently placed under preventive detention in terms of impugned detention order.