Srinagar: A court ordered release of noted human rights activist Khuram Parvez while contending that Srinagar executive magistrate’s order, under which he was detained, was “not in accordance with law”.
“I am of the opinion that the order passed by the magistrate is not in accordance with the law. Same is liable to be set aside and is set aside accordingly,” Principal District and Sessions Judge Srinagar Rashid Ali Dar said and ordered Pervez’s release.
“The copy of this order be also sent to superintendent sub jail/district jail Kupwara,” the court said while disposing of a revision petition filed against the executive magistrate’s order on September 16.
The petition had called in question a number of grounds including the complaint filed by the police under CrPC sections of 107 and 151.
In the complaint, police said Pervez was arrested for instigating a group of ‘nimazis’ at Ziarat Syed Saab here to march towards the Tourist Reception Centre. The allegation was rejected by the court.
“The petitioner (Pervez) is a peace loving citizen of the J&K state and has no role in ongoing unrest and his job is preparing the reports with regard to human rights violations in a transparent manner which is his mandate being a member of many human rights groups,” submitted a battery of lawyers including Bashir Sidiq, Mohammad Ashraf Bhat, Shabir Ahmad, Hafizullah, Zahir-ud-Din and Syed Musaib.
Khuram, the award-winning activist and chairperson of Asian Federation Against Involuntary Disappearances (AFAD) and Programme coordinator of JK Coalition of Civil Society (JKCCS) was first detained at Kothi Bagh sub jail and then shifted to Kupwara sub-jail.
“The petitioner (Pervez) was produced before the respondent before the executive magistrate but (he) refused to attest the bond in order to retain (Pervez) and (he) directed the police to lodge (him) in Kupwara Central Jail,” they said and argued that executive magistrate acted not in accordance with the law.
They also contended that Pervez was not produced before the magistrate at any point of time and the magistrate in a routine manner, “on mere asking of the police, passed the order” to curtail his liberty.
The Executive Magistrate was personally present before the court and the Judge questioned him for a few minutes, asking him where his lawyer was, how long he had served as an executive magistrate, whether he was aware of the procedure under section 107, CrPC, etc. The Judge also questioned the Executive Magistrate about the procedure regarding the bond. He answered the questions very briefly and urged the court to pass the order as per the merit of the case.
Khuram was detained by police on the night of September 15, a day after he was from Delhi airport by the Indian government to prevent him from attending UN sessions in Geneva. He was scheduled to speak on human rights violations in Kashmir.
Meanwhile, on producing the order before the concerned at sub-jail, Pervez was shifted to police station Kupwara but not allowed to move out.
“Police told him that he will be taken to Srinagar police station in an official vehicle and did not allow him to move out in the personal vehicle,” a family member told Kashmir Reader. “He has now been illegally detained in Kupwara police station,” JKCCS said in a statement issued here and demanded that he must immediately be released “as, once again, he appears to be in imminent danger as he continues in police custody.”