Quashes govt orders against Kupwara, Baramulla boys
Srinagar: The J&K High Court on Wednesday said that detention of a minor under the Public Safety Act is not permissible while as it quashed orders by ruling PDP-BJP government against two juveniles under the legislation dubbed as lawless law by the amnesty international.
“Such detention, it may not be out of place to mention here, is not permissible in terms of Section 8 (3) (f) of the J&K Public safety Act, 1978 inasmuch as Section 8 (3) (f) of the Act provides that “Person” shall not include a citizen of India who has not attained age of eighteen years for being detained under clauses (a) and (a-b) thereof,” a single bench of Justice Ali Mohammad Magrey said while disposing of separate petitions by two minors, Waheed Ahmad Gojri and Mohsin Hameed Malla. It directed the government to release both Gojri, a resident of Kupwara, and Malla, a native of Baramulla district, forthwith.
The PSA is an administrative detention law that allows detention without charge or trial for up to two years in some cases.
Advocates Mian Qayoom and G N Shaheen represented the duo and the direction by the court followed perusal of school Leaving Certificates of the two students which showed that both are minors.
In October this year, Amnesty International, the International Commission of Jurists and Human Rights Watch asked authorities in Jammu and Kashmir to stop using the “harsh” Act for detaining people without trial.
In a joint statement, the three groups said: “The PSA has been used to hold over 400 people, including children in Kashmir.”
They said that the PSA violates international due process standards and should be repealed.
“Following an amendment in 2012, the PSA expressly prohibits the detention of anyone under 18,” they pointed out, adding that the use of the PSA to detain people, particularly children, violates a range of human rights, and its increasing use undermines the rule of law and further entrenches “impunity” in Kashmir.