The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

HC Rejects Mian Qayoom”s Appeal Against PSA Detention, Says Ideology Like ‘Live Volcano’

INS Desk by INS Desk
May 28, 2020
A A
Lawyers to continue strike against Qayoom’s questioning by NIA 
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: J&K High Court on Thursday dismissed an appeal against 7 February order by its single bench, rejecting a plea seeking quashing of the detention order under PSA against advocate Mian Abdul Qayoom, President of the Kashmir High Court Bar Association.
Qayoom was detained on 5 August last year—the day government of India announced the abrogation of Article 370 and bifurcation of J&K. The 76-year-old lawyer was immediately shifted to a jail in Agra where his health deteriorated. He was brought to New Delhi’s Tihar Jail in February and is lodged there since.
In a 57-page judgment, a division of Justices Ali Mohammad Magrey and Vinod Chatterji Koul found the appeal without merit and accordingly upheld his detention under Public Safety Act.
However, while disposing of an application by Qayoom’s wife, seeking her husband’s release on the health grounds, the court left it open from Qayoom to decide whether he would wish to “take advantage” of the stand taken by Advocate General D C Raina, essentially calling the lawyer to shun his ideology.
“As mentioned in para 37 of this judgment, while addressing his arguments on the ideology nourished and nurtured by the detenue (Qayoom), the Advocate General submitted that such ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless, of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology,” the court noted.
“In light of the above legally rightful and sound argument taken by the Advocate General, we leave it to the detenue(Qayoom) 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.”
Simultaneously, the court left it open to the discretion of the Government and of the concerned or 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 Qayoom. “It is made clear that an adverse order on any such application, if made, shall not entail any legal proceedings, whatsoever,” the court added.
The application was actually referred to the court by a PIL Bench headed by Chief Justice last month.
“Bearing in mind the judicial hierarchy, its judicial decorum and judicial discipline, we think that there is some magnitude of judicial sanctity attached to such reference; otherwise nothing would stop that Bench, headed by lord Chief Justice, to dismiss the same,” the court said, adding, “At the same time, this Court, having dismissed the LPA, and even otherwise, is conscious that in these proceedings it cannot make any direction of the nature sought for by the appellant- petitioner. However, the Court would not be debarred in making some legally permissible order in this application on the admitted facts of this case.”
Pertinently, the Advocate General, the highest law officer of the J&K, was responding to the arguments by senior advocate Z. A. Shah on behalf of Qayoom that among others the FIRs and the allegations contained therein are stale being 9 to 11 years old and have no proximity to lend a suspicion to the detaining authority that the detainee may disturb public order. He submitted that since Qayoom was detained in 2010 on the very same FIRs and allegations contained therein, he could not have been detained anew on the very same allegations and material and on the basis of his past conduct.
The Advocate General submitted that the FIRs and the grounds of detention depict and relate to the secessionist ideology of Qayoom, “entertained, developed, nourished and nurtured by him over decades, which subserves disturbance in public order by the fringe elements in the Society, particularly the immature youth, who are susceptible to excitements.”
“….It is this subsistent ideology, specified in the FIRs, nourished and nurtured by (Qayoom), which is detrimental to the maintenance of public order and which is always pertinent and proximate, for, there is a suspicion that (Qayoom) has the potential to use it any time to disturb the public order.” After considering the matter, the court said that an ideology “of nature reflected in the FIRs and alleged against (Qayoom) is like a live volcano.”
“The ideology has always an inclination, a natural tendency to behave in a particular way; It is often associated with an intense, natural inclination and preference of the person to behave in the way his ideology drives him to achieve his latent and expressed objectives and when he happens to head or leading a group, as the allegations contained in the FIRs suggest, his single point agenda remains that his ideology is imbued in all those whom he leads,” the court said.

RELATED POSTS

15-day summer break from June 23: Govt

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

No option but to go to SC if statehood is delayed: Dr Farooq

Buy JNews
ADVERTISEMENT
Previous Post

Minor Boy Drowns In River Sindh, Body Retrieved

Next Post

Car Used In Foiled Bombing Attempt Belonged To Hizb Militant: Police

INS Desk

INS Desk

Related Posts

DSEJ orders summer vacation from June 01 to July 16
Regional

15-day summer break from June 23: Govt

June 21, 2025
ACB files cases against 2 Jammu cops
Regional

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

June 21, 2025
Dr Farooq says will contest J&K assembly polls
Regional

No option but to go to SC if statehood is delayed: Dr Farooq

June 21, 2025
DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat
Regional

DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat

June 21, 2025
Woman falls off ridge in Poonch, dies
Regional

PDD daily wager dies after fall from electric pole in Achabal

June 21, 2025
Heat wave: SED advises schools to avoid assemblies in afternoon
Regional

At 23.2°C, Sgr records 4th all-time highest night temp in 134 years

June 21, 2025
Next Post
Car Used In Foiled Bombing Attempt Belonged To Hizb Militant: Police

Car Used In Foiled Bombing Attempt Belonged To Hizb Militant: Police

Shops gutted in Kaskoot Banihal

Shops gutted in Kaskoot Banihal

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




SHRC recommends Rs 5 lakh to daily wager who lost arm to PDD’s negligence

SHRC recommends Rs 5 lakh to daily wager who lost arm to PDD’s negligence

September 6, 2017
Help police in tracing this missing minor boy

Help police in tracing this missing minor boy

June 20, 2018
Only govt forces convoys will be allowed on highway tomorrow: Traffic department

Only govt forces convoys will be allowed on highway tomorrow: Traffic department

April 6, 2019

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.