HC Rejects JeI Chief’s Plea Against PSA Detention

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SRINAGAR — The Jammu and Kashmir high court on Monday dismissed a petition by Jama’at-e-Islami chief Dr. Hameed Ganai alias Hameed Fayaz, observing that 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 and no court should tune out such activities, being swayed by passion of mercy.

“It is sometimes said in an uncivilised 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,” a bench of Justice Ali Mohammad Magrey said while dismissing a petition challenging detention of Hameed Fayaz under Public Safety act.

“At times certain activities, wrongdoings, assume more accent and gravity depending upon the nature and impact of such deleterious activities on the society.  It is neither to be guided by a sense of sentimentality nor to be governed by prejudices,” the court said, adding, “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. 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 marginalised by doings, an individual or set of individuals propagate and carry out.”

The court said it is apt to mention here that if one looks at the acts, the J&K Public Safety Act, 1978, is designed for, is to prevent, they are all these acts that are prejudicial to security of the State or maintenance of public order.

“The acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level consequences. These acts are preceded by a good amount of planning and organisation by the set of people fascinated in tumultuousness,” the court said, adding, “They are not like ordinary law and order crimes. If, however, in any given case a single act is found to be not sufficient to sustain the order of detention that may well be quashed, but it cannot be stated as a principle that one single act cannot constitute the basis for detention. On the contrary, it does. In other words, it is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention.”


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