Srinagar- The High Court of Jammu and Kashmir and Ladakh has stayed the detention order under Public Safety Act (PSA) against a Srinagar resident on precarious health ground.
A single bench of J&K, Ladakh High Court M. A. Chaudary was hearing a habeas corpus petition challenging the detention order under PSA issued by District Magistrate Srinagar on April 05, this year against Ajaz Ahmad Rah of Srinagar.
The petitioner inter alia, challenged the detention order on the ground that the allegations made against him “are vague and indefinite and no prudent man can make an effective representation against these allegations”.
Rah, was apprehending arrest under an order passed by District Magistrate Srinagar on April 5, 2022 for the activities prejudicial to the security of the state.
While issuing notice to the respondents the bench directed the UT administration to file objections within two weeks.
“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.
Keeping in view the complicated medical condition of the petitioner and the fact that that the order passed in the first week of April has not been executed so far by the respondents, the bench passed the directions of staying the operation of the said order.
The petitioner through his counsel contended that he is suffering from HTN, right-sided paralysis (Hemiplegia) which was certified by Government SMHS Hospital, Srinagar in terms of the medical certificate issued to him. This complicated medical condition had made him extremely vulnerable, thereby constraining him to seek indulgence of the court for granting him interim protection till the time his habeas corpus petition is finally decided.
The respondents on their part were relying on the PSA dossier wherein it is alleged that the accused/petitioner came into contact with cadres of Islamic State of Jammu & Kashmir (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,” the dossier reads.
It further alleged that in 2020 the accused arranged a room on rent for militants, and thereafter on May 20, 2020, the said militants fired upon BSF nafri during which two BSF personnel were injured and later succumbed to their injuries.
Contesting the plea the respondents 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.
Relying on the dossier the respondents alleged that the petitioner 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 .
While granting the petitioner interim relief the court posted the matter again for final disposal.
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