HC upholds Masarat Alam’s 36th PSA detention; says he has not repented

Srinagar: The J&K High Court on Friday did not overturn the 36th Public Safety Act detention order against senior Hurriyat leader Masarat Alam saying that Alam’s activities were a threat to the state’s security.

The judgement was pronounced by Justice Tashi Rabstan, who had reserved his verdict two weeks ago.
Justice Rabstan held that Masarat Alam had not repented for his activities and “come on the right track as a normal citizen of India”.

The judge observed that from a look at the detention record of Alam, it is clear that he is an active member of Hurriyat Conference (G) and “is a staunch supporter of secessionist ideology, seeking cessation of the State of J&K from the Union of India.”

The judge remarked that Alam, “as is discernible from grounds of detention, will persist in his efforts to create situation of chaos in the area in particular and the Valley in general.”

“Thus, it is deducible from detention record that there was material before detaining authority to come to conclusion and hence, it cannot be said that subjective satisfaction of detaining authority was wrongly arrived at or grounds of detention are self-contradictory or vague,” Justice Rabstan ruled.

The petition before the court was moved by Alam’s uncle for overturning the 36th PSA detention order against Alam which was executed on November 17, 2017, on the grounds that Alam was a citizen of Jammu and Kashmir and entitled to protection under Article 21 and rights guaranteed by Part III of the Indian Constitution.

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