High Court upholds PSA detention of Mian Qayoom

Srinagar: The J&K High Court on Thursday upheld detention of president Jammu and Kashmir High Court Bar Association, Mian Abdul Qayoom, under Public safety Act.

In a 57-page judgement, the court of Justice Ali Mohammad Magrey and justice Vinod Chatterji Koul while dismissing the Letter Patent Appeal (LPA) remarked that principally saying, they have taken note of the judgements of the Supreme Court cited by the Bar and endeavored to abide by what courts are ordained to do, media reports said.

The court upheld the detention order on the basis that grounds are not stale but are proximate. It was said that the detaining authority has applied its mind while passing the detention order.

The court noted that the four FIR’s registered against the detenue in 2008 and 2010 and his alleged activities after registration of the cases has been brought before the court which makes it clear there is a active link  between his past activities and the fresh ones while mentioning that the detenue has not shunned his ideology.

The court took note of para 37 of judgment, where Advocate General submitted that secessionist ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless the person concerned declares and establishes by conduct and expression that he has shunned the ideology.

“In light of the above legally rightful and sound argument taken by the Advocate General, we leave it to the detenue to decide whether he would wish to take advantage of the stand of the Advocate General and make a representation to the concerned authorities to abide by it,” the court said.

Simultaneously, the court left it to the discretion of the government and the concerned/competent authority (ies) to take a decision in terms of the relevant provision(s) of the JK PSA on any such representation, if made, by the detenue.

“It is made clear that an adverse order on any such application, if made, shall not entail any legal proceedings, whatsoever,” the Division bench said.

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