Srinagar: The Jammu and Kashmir High Court has directed government not to detained under preventive Public Safety Act one Aashiq Hussain Narchor, a resident of south Kashmir’s Anantnag district, who according to the government is a ‘Hurriyat ideologist’. The court also quashed detention orders under PSA against two other detainees.
Aashiq Hussain Narchor through his counsel advocate Mir Shafaqat Hussain had challenged detention order (No.21/DMA/PSA/DET/2017) dated 25.10.2017, passed by district magistrate Anantnag for detaining him and had called in question the detention order on the various grounds including the one that the allegations/grounds of detention are vague and mere assertions of the detaining authority and no prudent man can make an effective representation against these “arbitrary” order.
Advocate Shafaqat said that Aashiq has been shown involved in various criminal cases, however, he has been discharged in these cases by the Court of law.
“It appears, that (police) while recommending the preventive detention of (Aashiq) has not placed this material record before the detaining authority,” he said.
He said one year has elapsed from the date of passing of the detention order and the government was under obligation to explain as to why the steps were not taken for execution till date.
“Even if it is assumed that (Aashiq) was evading arrest, then the (government) had to state as to why steps in terms of provisions of Code of Criminal Procedure were not taken,” he said.
In the counter filed by the deputy Commissioner, it is stated that Aashiq is involved in number of cases registered in Police Station, Anantnag, regarding which challans have been produced before different Courts.
“The petitioner (Aashiq) is Hurriyat ideologist and was detained under Public Safety Act. On receipt of detention warrant/order for execution, the petitioner, on its knowledge, absconded and evaded his arrest by playing hide and seek policy, as a result whereof, respondents were not in a position to execute the warrant/order,” he said, adding, “Petitioner is a law violator and is a chronic separatist ideologist and is promoting enmity and hatred in the society. Petitioner is instigating the youth of the District Anantnag by way of stone pelting and strikes.”
After hearing both the sides the court allowed Aashiq’s plea and directed government not to take the him in preventive custody in pursuance of detention order “as the same being non-est in the eyes of law.”
Meanwhile, a bench of Justice Rashid Ali Dar also quashed order of detention bearing No.132/DMS/PSA/2018 dated 05.09.2018, passed by District Magistrate, Shopian against Shakeel Ahmad Thoker and Reyaz Ahmad Mir son of Abdul Rahim resident of Aripal Tral District Pulwama.
