HC Upholds PSA of notorious criminal
JKUT (Jammu), December-08-2021-( JNF):- Justice Tashi Rabstan of Jammu & Kashmir High Court uphold the PSA of Yudvir Singh a notorious criminal who was also involved in firing Choudhary Nagar Singh’ house.
While dismissing the plea seeking quashment of PSA, Justice Tashi Rabstan after hearing Advocate Jagpaul Singh for the detenue whereas AAG Aseem Sawhney for the UT observed that if one looks at the acts, the J&K Public Safety Act, 1978, is designed for, is to prevent, they are all these acts that are prejudicial to security of the State or maintenance of public order. The acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level ramifications. These acts are preceded by a good amount of planning and organisation by the set of people fascinated in tumultuousness. They are not like ordinary law and order crimes.
Justice Tashi Rabstan further observed that in the present case the petitioner has been involved in many criminal activities and against him sixteen FIRs have been lodged under various sections of the IPC in different police stations. These are FIR No.10/2005 under Section 382 RPC registered at Police Station Gangyal regarding snatching of motor cycle; FIR No.47/2005 under Sections 379/109 RPC registered at Police Station Gangyal regarding stealing of motor cycle; FIR No.67/2005 under Section 307/34 RPC and 3/25 Arms Act registered at Police Station Nowabad regarding making fire upon the complainant therein; FIR No.93/2006 under Section 4/25 Arms Act registered at Police Station R.S.Pura regarding recovering one toka; FIR No.101/2007 under Sections 307/147/148/341 RPC, 4/25 Arms Act registered at Police Station R.S.Pura regarding attacking the complainant therein with a sharp edged weapon; FIR No.57/2009 under Section 4/25 Arms Act registered at Police Station Bari Brahmana; FIR No.152/2009 under Sections 307/341/34 RPC registered at Police Station Gangyal regarding attacking upon the complainant with a sharp edged weapon; FIR No.161/2010 under Sections 307/452/147 RPC, 3/25 Arms Act registered at Police Station Bari Brahmana regarding firing upon the complainant therein with a pistol; FIR No.164/2010 under Sections 307/34 RPC, 3/25, 7/25 Arms Act registered at Police Station Channi Himmat regarding recovering of one pistol, 04 live rounds, one katta; FIR No.73/2013 under Section 4/25 Arms Act registered at Police Station R.S. Pura; FIR No.160/2016 under Section 3/25 Arms Act registered at Police Station R.S. Pura; FIR No.192/2016 under Sections 8/21/22/29 NDPS Act registered at Police Station R.S. Pura regarding recovery of heroine like substance; FIR No.240/2017 under Sections 307/109 RPC, 3/25, 4/25 Arms Act registered at Police Station R.S. Pura regarding firing upon the complainant therein; FIR No.254/2017 under Section 3/25 Arms Act registered at Police Station Bahu Fort; FIR No.102/2020 under Section 3/25 Arms Act registered at Police Station R.S. Pura and FIR No.91/2021 under Sections 307/120-B IPC, 3/25 Arms Act registered at Police Station Gandhi Nagar, Jammu. Therefore, it seems the petitioner is a hardcore criminal, has become a terror figure among the people of the area and the actions taken against him under the ordinary law from time to time have not been proved to be deterrent. As per the objections, earlier also in the year 2017 the petitioner-detenu was booked under the Public Safety Act. It seems the petitioner-detenu instead of mending his ways has continuously been indulging in criminal activities and has not shown any respect for the law of the land, as such the petitioner-detenu has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area, has become a chronic fear amongst the people of the area. Thus, the activities of the petitioner are of hardcore criminal and habitual of indulging in acts of violence, such as murder, attempt to murder, assault, land grabbing etc. The record so produced reveals that the petitioner-detenu has been indulging in illegal trade in an organized manner, which is a great threat for sustaining the conservating values of the society and that drug trafficking also possess great threat to the society for the reason that the proceeds of the drug sale can be utilized for financing of other criminal activities. JNF