Srinagar- Observing that preventive detention of person already in custody can be ordered for ‘compelling reasons’, the High Court of J&K and Ladakh has dismissed a petition challenging detention order under PSA by main accused in Dy.S.P lynching case on the eve of Shab-i-Qadr at Nowhatta in 2017.
The petition was filed by Imran Nabi Wani , challenging detention order (No. DMS/PSA/112/2022) dated 8 September 2022 issued by District Magistrate Srinagar.
“Legal position in regard to preventive detention of a person, who is already in custody of the State Agencies in connection with commission of offence under substantive law allegedly committed by him is well settled,” a bench of Justice M. A. Chowdhary said while dismissing Wani’s plea.
“Normally, preventive detention of such a person should not be ordered. However, preventive detention of such a person can still be ordered, if the detaining authority has ‘compelling reasons’ to believe that he is likely to be released in the substantive offence either on bail or due to his acquittal or discharge .”
According to the grounds of detention formulated by the District Magistrate, Wani was found to be the main accused in Dy.S.P lynching case at Nowhatta. The authorities said that the incident occurred on the intervening night of 22/23.06.2017 in which an officer of the rank of Dy. Superintendent of Police was lynched to death by a mob raising slogans against the Union of India and accession of J&K State with the Union of India. The grounds of detention also revealed that the police officer of security wing of J&K Police was deployed at Jamia Masjid Srinagar in view of large gathering there on the eve of Shab-i-Qadr, to supervise the manpower which was deployed there for frisking purposes.
“(Wani) along-with other anti-national elements attacked the said officer and snatched his service pistol and thrashed him ruthlessly till he succumbed to the beating and died on spot,” theb administration said, adding, “The accused persons didn’t stop there but inhumanely dragged the dead body of the deceased out from the area adjacent to the mosque, tore his clothes and left the body without clothes and other belongings at Bata Gali Nowhatta.” In this regard FIR 51/2017 under Sections 148, 392, 341, 302, 149 RPC and 13 Unlawful Activities Prevention Act was registered in Police Station Nowhatta.
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