NEW DELHI: Central Government Thursday directed Jammu and Kashmir to challenge bail granted to Hurriyat leader Masarat Aalam Bhat and book him at the first possible provocation.
The release of Masarat Aalam from prison last week ignited a political storm and the BJP government at the centre is facing relentless attacks from the Opposition
Home Minister Rajnath Singh told Parliament that the Centre’s advisory to the Mufti Mohammed Sayeed government where the BJP is a partner requires the state to keep Aalam and his associates under tight vigil so that they can be booked under the J&K Public Safety Act if anything adverse comes to notice.
“All 27 cases against Masarat Aalam should be rigorously pursued and the government should take steps to challenge bail to him in those cases,” Singh said, adding the state must ensure surveillance on Aalam “in close tandem with the Centre.”
The advisory follows days of political sparring over the release of Masarat Aalam, the man believed to be behind 2010 uprising in the Kashmir Valley.
Aalam had been granted bail in all 27 cases but had been kept in jail under the Public Safety Act, which allows detention for up to two years without trial.
The state government, led by Mufti Muhammad Sayeed has already informed the Centre that there were no fresh grounds to keep Aalam in jail.
The Union Home Minister however said that, I had made a statement based on the report received from the Government of Jammu & Kashmir on 9th March, 2015 regarding the release of separatist Masarat Aalam Bhat I had also mentioned that more information in this regard is being collected from the State Government. We have received a further report from the State Government in the matter.
The State Government has informed that 27 criminal cases are continuing against Masarat Aalam Bhat. Masarat Aalam has been booked eight times, since February, 2010 under Section 8 of the Jammu & Kashmir Public Safety Act of 1978. The last such detention order was issued by the District Magistrate, Jammu on 15.09.2014. Such detention order issued by the District Magistrate, Jammu is to be approved by the State Government within 12 days of the issuance of such order as per Section 8(4) of the Public Safety Act. The detention order issued by the District Magistrate, Jammu on 15.09.2014 was received in the Home Department of Jammu & Kashmir on 09.10.2014 after the lapse of 23 days and hence the same could not be approved.
The State Government has further informed that there were no fresh grounds for detention as verified from the District Magistrate, Jammu. The grounds based on which earlier detention orders were, quashed by the Honble High Court and this detention order contained the same old grounds of detention.
The Honble Supreme Court of India had also, in March 2013, observed that if any fresh detention order is issued by the Government of Jammu & Kashmir with respect to Masarat Aalam Bhat, the same shall not come into force for a period of one week from the date of communication of the order to enable him to pursue appropriate legal remedy.
After some correspondence with the District Magistrate, Jammu and State Law Department, the State Government wrote to the District Magistrate, Jammu on 04.02.2015 vide their letter No. Home/PD/01/2014 dated 4.2.2015 informing that the detention order dated 15.09.2014 issued by him ceased to remain in force The District Magistrate, Jammu was further informed that a fresh order can, however, be issued for detention of the detainee after following the procedure prescribed in the Public Safety Act and directions of the Honbie Supreme Court.
Thereafter, the detenue was released on 07.03.2015.
The State Government has also informed that a proper system is in place to have an effective surveillance over Masarat Alam Bhat. As and when anything adverse surfaces, appropriate action as envisaged by law will be taken. The intelligence apparatus and local police work in tandem thereby facilitating planning of advance and adequate deployment of law and order components for maintenance of peace and order in areas likely to be visited by Masarat Alam Bhat and other separatist elements.
Ram Madhav meets Mufti Sayeed
Ram Madhav, who was the party’s key negotiator for forging alliance with PDP, met Mufti Sayeed last night at his residence here and batted strongly for better coordination between BJP and PDP.
“Madhav met the Chief Minister late last night and discussed various issues,” , BJP chief spokesman Sunil Sethi said, adding that the meeting lasted over one hour till late last night.
The meeting took place after Wednesday ‘s cabinet meet of the PDP-BJP coalition government, in which the release of the separatist leader did not came up for discussion. Madhav’s meeting with Mufti assumes significance in view of the differences created between BJP and PDP over Masarat’s unilateral release and open displeasure expressed by Prime Minister Narendra Modi and Union Home Minister Rajnath Singh.
According to sources, Madhav was sent as an emissary by BJP president Amit Shah to Mufti to ensure that BJP is taken on-board before the state government takes any decision on contiguous issues and those relating to national security and also the government should work as per the Common Minimum Programme. Madhav is also reported to have expressed displeasure with Mufti over Masarat’s release, they said.