J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

Jammu & Kashmir and Ladakh High Court: While dismissing the petition seeking release from preventive detention to the detenu involved in Pulwama conspiracy, Tashi Rabstan, J., remarked,

“Acts or activities of individual or a group of individuals, prejudicial to the security of the State or public order, has magnitude of across-the boarder disfigurement of societies. No court should tune out such activities, being swayed by passion of mercy.”

The District Magistrate had placed one Muntazir Ahmad Bhat under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State. The case of the petitioner (father of the detenu) was that the detenu was arrested and detained under Section 8 of the J&K Public Safety Act, 1978 on false and flimsy grounds without any justification in terms of the impugned detention order.

The grounds of revealed that the detenu met with various terrorists of banned organisation, as Jaish-e-Mohammad (JeM) under whose influence the detenu developed radical ideology and had worked for their unlawful organization by extending all possible logistic support to the terrorists enabling them to carry out the terrorist attack in the area successfully. The detenu was a close accomplice of active terrorist namely Yasir Ahmad Parray. The detenu along-with the said Yasir Ahmad Parray had purchased a Maruti car in the year 2019 and on the instructions of one terrorist, a foreign original namely Junaid Bhat R/o Pakistan loaded the said Maruti car with IED and exploded it on the road near Arihal Village of District Pulwama by targeting patrolling vehicle of 44 RR and also indulged in indiscriminate firing upon the said army patrolling party with the motive and intention to kill them, resulting into martyrdom of 1 army person and injuries to various army personnel. Further, 1 HE-36 hand grenade was also recovered from the compound of detenue’s house.

Observing that there was a likelihood of the detenu recycling into subversive activities, the Bench opined that it will make difficult for the security forces to maintain the public order and safeguard the security of the State and to return the normalcy in the valley if the detenu is released for detention. The Bench remarked,

 “Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires.”

Further, holding that extremism, radicalism, terrorism have become the most worrying features of the contemporary life, the Bench expressed that though violent behaviour is not new, the contemporary extremism, radicalism, terrorism in its full incarnation have obtained a different character and poses extraordinary threats to civilized world. Hence, to keep a check on the illegal activities of the detenu the Bench dismissed the petition holding it to be devoid of merit. [Muntazir Ahmad Bhat v. UT of J&K, 2021 SCC OnLine J&K 900, decided on 12-11-2021]


Kamini Sharma, Editorial Assistant has reported this brief.


Appearance by:

For the Petitioner: G. N. Shaheen, Advocate

For the UT of J&K: Mir Suhail, AAG

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