Srinagar: The Jammu and Kashmir High Court has quashed 28 Public Safety Act (PSA) detentions in 16 days over the months of October and November.
The detentions have mostly been quashed on the grounds that no fresh activity has been attributed to the detainees. Also, weak dossiers and long gaps in the execution of the detention orders have led the court to quash the orders.
In some cases, the court quashed detentions on the grounds that the detaining authorities didn’t allow the detainees to make a representation against the detention order.
However, most of those whose PSA detention has been quashed by the High Court remain behind bars, some of them slapped with a fresh PSA case.
“Though detentions have been quashed, most of them are still behind bars,” said Advocate Nasir Qadri.
“This (PSA) is a black law where a detaining authority, despite court orders, detains a person without any reason and has been doing so at will, without any accountability. It is a mockery of the system,” Qadri said.
India’s Supreme Court has held that for the cause of justice, it is mandatory and vital to follow procedural safeguards. These safeguards are required to be watched and enforced by the courts.
Advocate Mir Shafkat Hussain said, “For the past nine years, there is no respite to a detainee. One PSA is quashed, then another is slapped. There is no law being followed. A detainee is being booked under PSA on previous charges, which is totally against the law and its ethics.”
The families of the detainees have also been suffering in police stations and courts.
“We are either in the police station or in the court. This has become part of our life. No one is noticing our suffering. On the one hand, the court quashes detentions, and on the other hand, the police say that the detained has been slapped with another PSA. There is no hope from the justice delivery system now. It has failed the common man,” rued Mohammad Ramzan Khan, a resident of Sopore.
The persons whose PSA detention has been quashed by the HC in the past 16 days are: Zahoor Ahmed Dar, Mehraj-ud-din Mir, Abdul Khaliq Regu, Manzoor Ahmed Ganai, Mushtaq Ahmed Khanday, Sajad Ahmed Mir, Bashir Ahmed Sheikh, Bashir Ahmed Rather, Rouf Ahmed Magrey, Javaid Ahmed Khan, Ghulam Mohammad Khan, Ishfaq Ahmed Sofi, Rayees Ahmed Khan, Mohammad Yaseen Dass, Abdul Majeed Shah, Sabir Khan, Adil Ahmed, Zahoor Akbar, Suhail Lone, Shabir Ahmed Parray, Zahoor Abbas Lone, Riyaz Ahmed Dar, Mohammad Syed Shah, Sajad Ahmed Shah, Ghulam Nabi Gojree and Bhat Ishtiyaq.