Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying her detention under the Public Safety Act.

“Having glance of the grounds of detention, it is clear that right from the tender age of the detenue she was involved in anti-national activities. Her affiliation with different banned organizations like ‘Dukhtaran-e- Milat’, Hizbul Mujahideen, Tehreek-ul-Mujahideen and Lashkar-e-Toiba, was a big threat to the security of the State. Detenue has not only been found to provide logistic support to the terrorists, but weapons/ammunition was also recovered from her possession. Moreover, she was found involved in lobbing petrol bomb upon a CRPF bunker at Sopore”.

Haseena Akhter had approached the Court challenging the detention order issued by District Magistrate Baramulla on April 7, 2022, under Section 8 of the J&K Public Safety Act, 1978. The detention order was based on allegations that Akhter was involved in activities prejudicial to the security of the State, including affiliation with various militant organizations, providing logistical support to terrorists, and being involved in subversive activities.

Assailing her detention order, the petitioner contended that the detention order was illegal and in breach of constitutional and statutory procedural safeguards. It was argued that the grounds of detention were vague and that the petitioner was not provided with the necessary materials to make an effective representation.

However, the respondent defended the detention order, stating that it was preventive in nature and necessary to prevent the petitioner from engaging in anti-national activities that posed a threat to public order and security.

After reviewing the detention record the bench observed that the petitioner's affiliation with banned organizations and her involvement in various anti-national activities were a potential threat to the security of the State and highlighted that preventive detention is aimed at preventing a person from engaging in activities prejudicial to the security of the State or public order.

It highlighted that the satisfaction of the detaining authority is crucial in such cases, and as long as the authority's satisfaction is based on grounds that a rational person can consider connected with the objectives to be prevented, the court cannot substitute its opinion.

Observing that courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false the court reasoned that for doing so evidence may have to be taken by the courts and that it is not the policy of the law of preventive detention.

“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’, the bench underscored.

Based on these observations the Court concluded that the petitioner's claims lacked merit and dismissed the petition, thereby upholding the preventive detention order.

Case Title: Haseena Akhter Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 228

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