HC dismisses plea of Ameer Jamaat Dr Hameed against PSA detention

Dr Hameed Fayaz is new Jamaat chief

The High Court on Monday dismissed three separate petitions against detention orders of three persons under Public Safety Act which included the detention of a Jamaat-e-Islami Ameer (chief) Dr Hameed Ganai popularly known as Hameed Fayaz.

A bench of Justice Ali Muhammad Magrey dismissed the petition of Dr Ganai after hearing his counsel Salih Pirzada and the state government through its senior additional advocate general, Javed Iqbal.

“It is sometimes said in an uncivilized manner that law cannot bind individual actions which are perceived as flaws by the large body of people, but, the truth is and has to be that when the law withstands the test of the constitutional scrutiny in a democracy, the individual notions are to be ignored,” the court said, while dismissing the petition.

“Acts or activities of individual or a group of individuals, prejudicial to the security of the State, have magnitude of across-the-board disfigurement of societies,” the court said.

“No court should tune out such activities, being swayed by passion of mercy. It is an obligation of the Court to constantly remind itself the right of society is never maltreated or marginalized by doings, an individual or set of individuals propagate and carry out”.

“This Court, while examining the material, which is made basis of subjective satisfaction of the detaining authority, would not act as a court of appeal and find fault with the satisfaction on the ground that on the basis of the material before detaining authority another view was possible,”

Dr Ganai of Wazir Bagh Zabarwan Colony had challenged the detention order issued by District Magistrate Budgam on 20 March this year. Dr Ganai is lodged in District Jail Kathua.

In his petition Ganai submitted that he had been arrested on 22 February at 4:00 a.m from his residence and sent to the Police Station Humhama, where he remained for two days and thereafter sent to Central Jail, Srinagar.

On March 3 he was produced before Tehsildar, Budgam and the detenue was admitted to bail but re-arrested suddenly and taken to Police Station, Humhama, wherefrom he was shifted to District Jail Kathua on March 24 under PSA in connection with a case (FIR No. 42/2019) and subsequently placed under preventive detention. The state government filed the counter affidavit resisting and opposing the petition.

In two separate pleas after hearing Mir Shafaqat Hussain on behalf of the detainees and the state’s additional advocate general Mir Suhail, the Court dismissed the petitions of Amir Shafi Bhat of Karimabad Pulwama and Waseem Raja of Habdipora.

While Bhat had challenged the detention order issued on March 15 by the District Magistrate Pulwama, Raja had challenged the detention order passed by District Magistrate Shopian on December 26 last year against him.