Bailed out by court in all cases, family seeks his release; DC says he uses motorised tricycle provided by govt to ‘create unrest’
By Aqib Ahmad
Srinagar: A 29-year-old disabled man has been booked under the draconian Public Safety Act in Baramulla, after he was granted bail by a court in all cases the police had registered against him.
A resident of Faquir Wani, Qadeem Eidgah, in Baramulla district, Tanveer Ahmad War was arrested by government forces on October 21 last year. His family contends that his arrest as well as his subsequent detention at police station Baramulla was without any justification.
“Thereafter he was implicated in a case (FIR 151/2016 P/s Baramulla. He applied and was granted the bail by court but despite serving the bail order to the authorities concerned, he was not released but was implicated in another FIR registered at the police station,” says Tanveer’s wife in her petition before the high court.
Tanveer, she said, applied for bail in the second FIR as well as the subsequent cases registered against him by the police. The court ordered his release on bail but on 8 December last year, he was shifted to police station Sheer where he was detained “illegally for several days,” she said.
“While being in the illegal custody in police station Sheer, he was shifted to District Jail Kupwara to be detained under the PSA on the orders of the district magistrate Baramulla,” she said.
The PSA order (197/DMB/PSA/2016P) was passed on 14 December 2016, a week after he was actually shifted to the Kupwara jail, she says.
Tanveer’s left leg has been amputated and he walks with the help of crutches. He also suffers from multiple ailments, his wife said.
Tanveer, as per the dossier not provided to him but obtained “unofficially” by his family from district magistrate Baramulla, has been accused of “vitiating the peaceful atmosphere and creating unrest that will ultimately lead to increasing violence.”
“Though you are physically handicapped but with the help of your motorised tricycle which stands provided to you by the government, you have been repeatedly advocating the secessionist ideology and are active in disturbing the public order in Town Baramulla,” reads the dossier by the district magistrate.
“Since in various sustentative offences you have been able to manage your release on bail, but the same has not prevented you from carrying out the anti-social activities,” the magistrate said and booked him under the PSA.
Tanveer’s wife through advocate Mir Shafaqat Hussain has challenged the detention order before the high court on number of grounds, terming it as “bad in the eyes of law” and allegations against him “vague and non-existent.”
“The allegations are such that no prudent man can make representation against such allegations and passing of detention order on such grounds is unjustified and unreasonable,” she said and demanded quashing of district magistrate’s order and directions for immediate release of her husband.
She has also demanded a compensation of Rs 10 lakh from the state government for “illegal” detention of her husband.
The high court, on December 30, issued a notice calling for a response by the government to the plea. It also directed the authorities to provide complete medical facilities to Tanveer.
The PSA was enacted in 1978 and it enables the government to detain any person without a trial for varied periods up to two years.
It has been described as ‘lawless law’ by the Amnesty International and post Hizb commander Burhan Wani’s killing on July 8, 463 people were booked under this law.
As per the information provided by the government in ongoing budget session of the legislature, of them 145 persons released and 318 continue to languish in jail under the draconian law.