JK Bar Association to challenge in SC Mian Qayoom’s detention

JK Bar Association to challenge in SC Mian Qayoom’s detention

Srinagar: The Jammu and Kashmir High Court Bar Association (HCBA) said on Thursday it will challenge in the Supreme Court the “legality and validity” of the recent High Court judgement that upheld the detention of its president, Mian Abdul Qayoom, under Public Safety Act for his “separatist ideology”.
A statement issued by the HCBA’s Executive Committee said that it will challenge the judgement by filing a special leave petition (SLP) before the Supreme Court.
The statement said that the judgement by the two-judge bench of the J&K High Court will have “far reaching consequences on detention matters of individual members of the society, leaving no scope for an individual or organisation to show even little bit of dissent based on ideology of a person or group of persons”.
The HC judgement, the statement said, has “also left no scope to call in question the arbitrary exercise of power with a view to silence the voices of voiceless” and “provides a blank cheque to be encashed by executive as and when they would deem fit, as the judgement leads to believe in a system that thrives on punishing thoughts and belief and leaving it open for executive to act as judge, jury and executioner in total violation of the norms set up in the constitution”.
The Bar further alleged that “very few cases are being taken up for consideration under the category of ‘Extremely Urgent Matter’.” Due to this, the period of detention often expires, rendering the petitions infructuous, the association added while urging the government to take appropriate steps for regular opening of courts subject to following of guidelines regarding Covid-19 pandemic.
The Bar Association demanded that the bank located within court premises be made accessible to the lawyers as is being done in case of judicial employees.
The Bar also appealed to the High Court Chief Justice to look into grievances of advocates about hearing of matters related to personal liberty and make scope for hearing cases categorised other than “Extremely Urgent matters”.

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