Srinagar: The Jammu and Kashmir High Court has quashed detention order under Public Safety Act (PSA) against Mohammad Rustum Bhat, a resident of Amargarh Sopore in north Kashmir’s Baramulla district.
Bhat was earlier on detained under PSA on 2 August last year and the high court had quashed the order of detention on 30 December 2016. Instead of releasing him, the ruling PDP-BJP government booked him in FIR (No.96/2016), police station Tarzoo. He filed a bail application before the Court of Principal Sessions Judge, Baramulla, who on January 23 directed Bhat’s release on interim bail till February 3. However, when the 23-January order was served on the authorities, they did not release him and instead booked him in another FIR (No. 53/2016) of police station Tarzoo.
His counsel, advocate Mian Qayoom stated that Bhat filed another application for his release on bail in the FIR and on 14 February, the court directed his release from police custody. Even after the grant of bail in the 2nd FIR, Bhat was not released and was again “falsely” booked on February 17 in FIR (No 88/2017) of police station Tarzoo.
“While Bhat was on police remand in FIR No. 88/2017, SSP Sopore, got him detained under the provisions of the J&K Public Safety Acton 11 March 2017, issued by District Magistrate, Baramulla,” Qayoom added.
The detention order was challenged mainly on the ground that when a person was detained under the provisions of PSA and the detention was quashed by the Court, he cannot be detained again under the PSA unless he is released and fresh facts come into existence which warrant his detention. Qayoom submitted that in the instance case, Bhat has not been released and no fresh grounds have come into existence, therefore, the order of detention was liable to be set aside.
The government contended the plea, arguing that the grounds of detention were conveyed to Bhat in the language with which he was conversant and “these have been read over and explained to him at the place of his detention, i.e. District Jail Kathua.”
After hearing both the sides, a bench of Justice M A Hanjura quashed the PSA order (57/DMB/PSA/2017), 4 July this year, passed District Magistrate, Baramulla, with a further direction to the authorities to release the Mohammad Rustum Bhat son of Haji Wali Mohammad Bhat of Amargarh, Umer Colony, Dye-pass Sopore, Baramulla, Kashmir, forthwith from the preventive custody, unless required in any other case.
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