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HC quashes PSA of OGW of HM

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SRINAGAR: High Court has quashed the detention order under PSA of alleged Over Ground Worker (OGW) of the Hizbul Mujahideen outfit.
Justice Ali Mohammad Magrey quashed the preventing detention of an alleged Over Ground Worker of HM namely Rameez Ahmad Malla.
While quashing the detention order no. 83/DMB/PSA/2020 dated February 14, 2020 passed by District Magistrate Baramulla, Justice Magrey observed that the non-application of mind by the detaining authority is fatal and goes to the root of the detention and therefore, is sufficient to vitiate the impugned order of detention.
For that reason, there is hardly any necessity to consider other grounds of challenge urged by the learned counsel for the petitioner.
As per the dossier supplied by the police, the detenu-petitioner is 9th standard student after passing the exam and was shopkeeper by profession.
During the month of May 2019 the detenu developed the contacts with one foreign terrorist alias Maz Bahi of Hizbul Majahideen outfit and started providing all sorts of assistance to the aforesaid foreign terrorist.
The detenu, who provided food and shelter to the aforesaid terrorist in other houses of area, got motivated by aforesaid terrorist to work with the aforesaid outfit as OGW.
The detenu was instrumental in strengthening terrorism network in the area of Rafiabad.
For his involvement in the activities, the petitioner was apprehended on November 7, 2019 in connection with case FIR No.161/2019 under Sections 18,39 of ULA(P) Act and 7/25 Arms Act registered in Police Station, Dangiwacha, which is under investigation.
The dossier as also the grounds of detention narrates whole sequence of events leading to the involvement of the petitioner in the aforesaid FIR. The detaining authority, on the basis of dossier of activities supplied by the police and after going through the allegations contained in FIR No.161/2019, arrived at satisfaction that the petitioner though under judicial remand in case FIR No.161/2019, would, in every likelihood, indulge in subversive activities if he is admitted to bail by the Court and, therefore, it was imperative to put him under preventive detention. It is in the aforesaid backdrop, the impugned order of detention is passed by the detaining authority.

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