JK News Today
Jammu, May 28:
A double bench of the J&K High Court on Thursday dismissed the petition filed by Kashmir High Court Bar Association president, Mian Abdul Qayoom in which he had challenged his detention under the Public Safety Act (PSA).
Mian Qayoom was detained under the PSA on August 5 last year following the abrogation of Article 370, and he was shifted to a jail in Agra. He was later brought to the Tihar Jail in Delhi. Three prominent advocates, Zafar Ahmad Shah, Mian Tufail Ahmad, and Nazir Ahmad Ronga appeared for Mian Qayoom.
The lawyers for the petitioner stated that the grounds for the PSA detention were vague and the order had been signed by the District Magistrate without application of mind.
The lawyers also argued that the health condition of the petitioner had deteriorated during detention and that the government has the power to revoke, amend or alter the detention order or even to release the petitioner on parole. Advocate General DC Raina submitted that the prayer of the petitioner had already been considered by the government and was rejected.
While dismissing the petition the court said it leaves it to the detenue to decide whether he would wish to make a representation to the home department for revocation of the PSA order slapped on him. In a significant remark, the court said an adverse order on any such application if made, shall not entail any legal proceedings.
The double bench of the high court comprised Justice Ali Muhammad Magray and Justice Vinod Chatterji Koul. In February this year, a single bench of the high court comprising Justice Tashi Rabstan had dismissed another petition challenging the PSA detention of Mian Qayoom.
