In a significant ruling, Justice Puneet Gupta of the Jammu & Kashmir and Ladakh High Court has upheld the detention under the Public Safety Act (PSA) of Tanseem Ahmad Sheikh, who has alleged contacts with the banned terrorist organization Hizbul Mujahideen for providing logistical support and instigating the youth to join the outfit.
According to the detention order, reliable sources indicated that Sheikh has links with Hizbul Mujahideen for extending logistical aid to the proscribed organization and is influencing the younger generation to join its ranks. The order further stated that there is a possibility of Sheikh joining militancy if not prevented at the earliest, adding that his activities on cyberspace and social media are disturbing the peace and tranquility of the nation.
After hearing arguments from both sides, Justice Puneet Gupta observed that there is no reason to disbelieve that Sheikh was not provided the necessary material at the time of executing the warrant. The court dismissed Sheikh’s plea that the copy of the FIR or other material was not furnished to him, stating that even if a document or two is not provided to the detainee while executing the warrant, it does not render the entire detention proceedings illegal.
The High Court further noted that the reference to Sheikh’s past activities in the detention order is not the basis for the impugned order, and if some material regarding those allegations is not provided to him, it will not be fatal to the detention proceedings. Concluding its observations, the High Court stated that the petition is misconceived, and the detention order passed against Sheikh is in accordance with the law and upheld. The ruling underscores the judiciary’s stance on dealing with individuals suspected of having links with banned terrorist organizations and engaging in activities deemed detrimental to the nation’s peace and security.
