HC directs medical relief to cancer patient under PSA detention

Srinagar: The J&K High Court has directed state government to provide a cancer patient detained under Public Safety Act after Art 370 abrogation with requirement medical facilities.
Parvaiz Ahmad Pala, 33, lodged at Bareilly Jail, Uttar Pradesh is suffering from papillary carcinoma thyroid as certified by the Additional Professor & Head, Department of Nuclear Medicine, SKIMS, Soura.
The court hearing a plea challenging his detention recorded that there shall be no difficulty for the respondents to have the detenue examined medically and provide him all the required facilities.
“In the above background, the court leaves it to the Commissioner Secretary to the Government, Home Department to have the detenue medically examined with reference to the ailment on the strength of the documents issued by the SKIMS,” Justice Magrey said. Pala was called and detained by Police Station Yaripora, Kulgam on August 6, 2019, and slapped with PSA the very next day.
The plea notes that Pala has been detained under PSA signed by District Magistrate Kulgam, on the basis of an FIR dating back to Nov 2017, in which he has already been bailed out by court on April 23 this year.
In December 2018, it said, Pala was first arrested by police and “implicated” in an FIR 83/2017 and consequently bailed out on 23 April, 2019.
The detenue after release was preoccupied with treatment for carcinoma, and has not been accused of involvement in any subversive activity since.
“The last alleged activity on the basis of which the detention order has been passed has taken place on 22 November 2017 whereas the detention order was passed on 7 August 2019 which means a delay of two years wherein the detenue already stands bailed out in the case and thereafter no fresh activity has been attributed against him,” the plea challenging his detention said, while calling for overturning the detention order and a compensation to the tune of Rs 10 lacs from the government for “illegally detaining a person suffering from a lethal disease, inflicting torture to him and violating his fundamental right of life and liberty guaranteed by the constitution.”
The police dossier accuses Parvaiz Ahmad Pala of being as Over Ground Worker (OGW) for Hizb-ul-Mujahideen militant, involved is a militancy related case dating to Nov 22, 2017 (in which he is already on bail).
The dossier mentions that five militants of HM and upper ground workers entered into the house of one PDP leader, Sheeraz Ahmed, in Kulgam district and caused damage to his house and harassed family members. Pala is accused of involvement in the incident.

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