High Court notices to govt, jail authorities on Mian Qayoom’s PSA detention plea

Srinagar: The J&K High Court on Friday issued notices to government and jail authorities after a fresh appeal was filed before the court challenging the verdict dismissing the plea for releasing High Court Bar Association president, Mian Abdul Qayoom.
The Bar president was arrested under Public Safety Act in August last year.
The court of Justice Ali Mohammad Magrey and Justice Sindhu Sharma on Friday admitted the Latent Patent appeal (LPA) filed by High Court Bar Association against the judgement passed by Justice Tashi Rabstan.
The court sought response from the authorities within two weeks and listed the matter on March 9.
Earlier, the Court of Justice Tashi Rabstan had dismissed the plea by recording in the order that the grounds of detention are precise, pertinent, proximate and relevant while on the same grounds the petition was earlier overturned in 2010 when Mian Abdul Qayoom was held under PSA.
Meanwhile the court allowed senior counsel, Zaffar Shah representing Bar have a meeting with Mian Qayoom but under the adherence of the provisions of Jail Manual. Mian Qayoom who was lodged in Agra Central Jail was shifted last month to Tihar Jail after his health condition deteriorated.
The Court directed Jail Superintendent, Tihar Jail to ensure lodgment of the detenue in some hygienic ward/barrack as per norms while directing him to provide all the medical facilities in accordance with the provisions of the law.
Notice was also issued in the application moved by the Bar Association seeking shifting of detenue to any other jail, preferably central Jail Srinagar with further request that till such time, the detenue be shifted from the Jail dispensary to AIIMS, Delhi keeping in view his health condition.
The court said, “As regards shifting of the detenue to some other jail, the same is not within the domain of the court as such let the respondents file response to the said relief sought by the appellant.”
Earlier a petition filed by Association before High Court at Srinagar in early August said that the “ detention is not in consonance of law as the detenue has been arrested under the activities which was registered against him in 2008 and 2010.”
More than 400 lawyers in Kashmir went for strike when their president Mian Abdul Qayoom was arrested and sent to Central Jail Agra under Public Safety Act, 1978. It was the fifth time when Qayoom was arrested in Public Safety Act; the first two slapped in 1992 and then again third time slapped in 2010.

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