Srinagar: The J&K High Court on Thursday upheld the Public Safety Act detention of president Jammu and Kashmir Bar Association Mian Abdul Qayoom while leaving up to him to decide whether he wants to shun “secessionist ideology” or not.
The court while taking the stand of Advocate General, DC Riana on record left it to the Bar president to decide whether he would like to shun his ideology and make a representation to the government on the same.
The division bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul in a 57-page judgement on Thursday held the detention of Qayoom by mentioning that the detaining authority (government) has well applied its mind as the FIRs registered against the detenue do suggest the “continued propensity” (natural tendency to behave in a certain way).
The court noted that there is chain of reports depicting the activities of the detenue even after 26 April 2010, the date when the last of the four FIRs was registered against Qayoom.
“We have gone through intelligence reports which contain materials after 2010 depicting the activities of the detenue on the basis of which the detaining authority has shown to have arrived at satisfaction reflected in the detention order. These reports could be well said to constitute new facts,” the bench said.
“An ideology of the nature reflected in the FIRs and alleged against the detenue (Qayoom) is like a live volcano,” the bench said.
It was recorded by the two judges in their judgement that taking out processions knowingly that such acts are likely to stoke public disorder, especially so when there are restrictions in position, raising provocative and anti-national slogans of sorts, holding close door meetings within separatist leaders as being President of the Bar etc are such instances which point to only one thing that the ideology is not an act done by the detenue in the past but it is his continuous inclination and preference.
The court noted that the four FIR’s registered against the detenue in 2008 and 2010 and his alleged activities after registration of said FIR’s has been brought before the court which makes it clear there is a live link between his past activities and the fresh ones while mentioning that the detenue has not shunned his ideology.
The court took note of para 37 of judgment, where Advocate General submitted that secessionist ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless, of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology.
“In light of the above legally rightful and sound argument taken by the Advocate General, we leave it to the detenue to decide whether he would wish to take advantage of the stand of the Advocate General and make a representation to the concerned authorities to abide by it,” the court said.
Simultaneously, the court left it to the discretion of the government and of the concerned/competent authority (ies) to take a decision in terms of the relevant provision(s) of the JK PSA on any such representation, if made, by the detenue.
“It is made clear that an adverse order on any such application, if made, shall not entail any legal proceedings, whatsoever,” the Division bench said.
Mian Abdul Qayoom was detained on August 5 last year on the eve of abrogation of Article 370 and bifurcation of the erstwhile state into two union territories.
Since then, Qayoom has remained detained, first in Agra Jail for five months and then shifted to Tihar Jail in New Delhi.

NUSRAT SIDIQ