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 thepetition of Dr Ganai after hearing his counsel Salih Pirzada and the stategovernment through its senior additional advocate general, Javed Iqbal.
“It is sometimes said in an uncivilized manner that lawcannot bind individual actions which are perceived as flaws by the large bodyof people, but, the truth is and has to be that when the law withstands thetest of the constitutional scrutiny in a democracy, the individual notions areto 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-boarddisfigurement of societies,” the court said.
“No court should tune out such activities, being swayed bypassion of mercy. It is an obligation of the Court to constantly remind itselfthe right of society is never maltreated or marginalized by doings, anindividual or set of individuals propagate and carry out”.
“This Court, while examining the material, which is madebasis of subjective satisfaction of the detaining authority, would not act as acourt of appeal and find fault with the satisfaction on the ground that on thebasis of the material before detaining authority another view was possible,”
Dr Ganai of Wazir Bagh Zabarwan Colony had challenged thedetention order issued by District Magistrate Budgam on 20 March this year. DrGanai is lodged in District Jail Kathua.
In his petition Ganai submitted that he had been arrested on22 February at 4:00 a.m from his residence and sent to the Police StationHumhama, where he remained for two days and thereafter sent to Central Jail,Srinagar.
On March 3 he was produced before Tehsildar, Budgam and thedetenue was admitted to bail but re-arrested suddenly and taken to PoliceStation, Humhama, wherefrom he was shifted to District Jail Kathua on March 24under PSA in connection with a case (FIR No. 42/2019) and subsequently placedunder preventive detention. The state government filed the counter affidavitresisting and opposing the petition.
In two separate pleas after hearing Mir Shafaqat Hussain onbehalf of the detainees and the state’s additional advocate general Mir Suhail,the Court dismissed the petitions of Amir Shafi Bhat of Karimabad Pulwama andWaseem Raja of Habdipora.
While Bhat had challenged the detention order issued onMarch 15 by the District Magistrate Pulwama, Raja had challenged the detentionorder passed by District Magistrate Shopian on December 26 last year againsthim.