Srinagar: A fresh petition was filed before J&K High court on Tuesday pertaining to the repeated detention of Muslim league chairman, Masarat Alam Bhat, who is currently lodged at Kotbalwal Jail, Jammu under 36th PSA.
The petition filed by the Alam’s uncle states that his nephew has been under prolonged detention under PSAs which has badly affected his rights as a human being.
“The detention he is serving after one and other is illegal and at the same time, the rights which are guaranteed to him are not served properly,” he said.
The petition added that it is a well settled law that the victims of illegal detention are liable for monetary compensation as has been held by Supreme court in case of Rudal Shah vs state of Bihar (1983) 4 SCC 141.
The petition seeking Alam’s release prayed for quashing the detention order dated 14 November 2017 as the grounds of detention have been kept same as in earlier detentions.
The petition also asked for directions to state government preventing them from detaining Alam on repeated grounds “which they have been doing over and over again”.
Also contempt proceedings be initiated against the state authorities for willfully disobeying the earlier court orders.
The petition also submitted that monetary compensation be paid to Alam for the mental harassment and injury suffered by him.
The petition was filed in a division bench headed by Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey. The counsel for the petitioner pleaded that matter be heard in division bench.
The 47-year-old resistance, Masarat Alam, has been held in Kotbalwal for a long time. He was placed under detention after the 2010 public uprising, of which he is accused of being an architect. He was released in 2015 for a period of only 40 days before being rearrested and jailed in Jammu jails.
A resident of Zainadar Mohalla in Srinagar’s Habba Kadal, Alam is an alumnus of Tyndale Biscoe School, Srinagar who graduated from SP College, Srinagar.