HC upholds detention of supporter of terrorists under PSA

STATE TIMES NEWS

JAMMU: Justice MA Chowdhary of Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of Abdul Hameed Ganie @ Dr. Hameed Fayaz who is a hardcore motivator and supporter of terrorists and was acting to bring about secession of J&K from the Union of India and to its consequent merger with Pakistan; that the detenue had never remained law abiding citizen which can be gathered from the fact that in 2009 he secretly sowed the seeds of hatred and disaffection against the army in the town of Shopian; that earlier an FIR No. 42/2019 under Section 10, 11 & 13 of Unlawful Activities Prevention Act was registered against the detenue in Police Station Budgam. Justice MA Chowdhary after hearing both the sides and while dismissing the petition, observed that an order of detention is not a curative or reformative or punitive, but a preventive action, acknowledged object of which being to prevent anti-social and subversive elements from endangering the welfare of the country or security of the nation or from disturbing public tranquility or from indulging in anti-national activities or smuggling activities or from engaging in illicit traffic in narcotic drugs and psychotropic substances, etc. Preventive detention is devised to afford protection to society. Rulings on the subject have consistently taken the view that preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it and to prevent him from doing so.

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