PEERZADA MANZOOR AHMAD Vs. UT OF J&K

JUDGEMENT

(1.) Aggrieved of the order of detention bearing No.DMB/PSA/44 of 2022 dtd. 16/9/2022 (for short 'the impugned order'), the petitioner has assailed the same on the following grounds:

(2.) The counter affidavit stands filed by the respondents wherein it has been stated that the petitioner is a hardcore motivator and supporter of anti-national elements and for quite long had been delivering speeches which were against the law of land. The detenue by way of such speeches was instigating youths of the valley to join terror ranks. His aim is to spread the ideology of secessionism and fundamentalism and it was found that the detenue was a potential threat to the security of the State. It is further stated that while examining the dossier carefully and after perusing the material, the detaining authority was satisfied that the detenue's activities were prejudicial to the security of the state and accordingly vide order impugned, his detention was ordered in order to prevent him from acting in any manner prejudicial to the security of the State. It is further averred that the detention of the detenue has been ordered strictly in accordance with the provisions of the J&K PSA, 1978 and the procedural safeguards under the Constitution have been strictly followed in the case.

(3.) Learned counsel appearing for the petitioner has reiterated the grounds as noted above by this Court. He further submitted that the petitioner has never made antinational speeches and he is under instructions from the petitioner that the petitioner is ready to furnish an undertaking that he would never make any antinational speech or speeches promoting hatred against the particular community/religion.