HCBA miffed over reaction of politician over Masrat Alam’s release

Srinagar: J&K High Court Bar Association Friday castigated the politicians and parliament members, who protested in the parliament over the release of Muslim League chairman Masrat Alam Bhat.
In a statement, Bar general secretary Mohammad Ashraf Bhat said that detaining a person repeatedly on same charges was not only a serious violation of international covenants on Human Rights, but was also a violation of the provisions of draconian Public Safety Act itself.
Bhat said that an order of detention on the grounds of the activities being prejudicial to the “public order” or “security of the state” can survive only, if not challenged in the court of law, for a period of three months or six months respectively, unless extended by three or six months more.
“However, when the order of detention is challenged in the court of law and is quashed, then the person concerned cannot be held in detention anymore, on the same grounds, and has to be released.”
Bhat said that the person can however, be detained under the PSA again, only when after his release, fresh grounds come into existence which are considered objectively by the detaining authority and he reaches to a conclusion that the fresh grounds warrant his detention again.
“The said order of the detaining authority is again subject to approval of the advisory board constituted under the Act and also subject to judicial scrutiny,” he added.
He alleged that in Jammu and Kashmir state, the Public Safety Act, has however been “abused and misused by all the authorities including the government.”
“People are detained repeatedly under the PSA and when the order is challenged before the court and is quashed, they detain the person again on the same charges to make his release impossible.”
He said that sometimes the orders are revoked before the stipulated period to time, “so as to defeat the process of law and deprive the courts to render its verdict.”
“The purpose is to keep the person concerned behind the bars and to see that he doesnot come out of jail at any cost,” he added.

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