HC Decrees PSA on Minor As Unlawful

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Srinagar: Quashing the detention of a minor under Public Safety Act (PSA), Jammu and Kashmir High Court (HC) said the order was illegal.

Pointing out that District Magistrate (DM) Baramulla has passed the order of detention of a minor in contravention to the provisions of PSA, the court has directed that copy of the judgment be circulated among all the DMs for information.

Setting aside the detention of Rayees Ahmad Mir, a resident of Delina Tantraypora, the court said a juvenile cannot be booked under the PSA and the order was illegal.

A single bench of the HC comprising Justice Muhammad Yaqoob Mir made it clear that custody of minor is governed by the orders of the competent authority in accordance with J&K Juvenile Justice (Care and Protection of Children) Act.

The court said that Section 8 sub section 3 (f) of J&K Public Safety Act 1978 applies to him,” it said and observed that the detainee was a minor as per the certificate recording his date of birth.

Citing Clause (f) of the Act, the court said a person to be detained under PSA shall not include a citizen, who has not attained the age of 18 years for being detained under (a) and (a-b) thereof.

Rayees, booked on September 18 this year by District Magistrate Baramulla under PSA, has challenged his detention through a petition filed by his counsel.

Justice Mir said that District Magistrate Baramulla has passed the order of detention in contravention to the provisions of J&K PSA, the court said and  said the DM has not perhaps gone through relevant provision otherwise he would not have ordered detention of a minor.

The court said on such ground the detention order is set aside. It made clear that custody of the minor detainee be governed by the orders of the competent authority or magistrate in accordance with J&K Juvenile Justice (Care and Protection of children) 2013 in connection with the cases registered as FIRs 229/2016 265/2016, 286/ 2016 and 138/2016 at Police station Baramulla.

The court directed that copy of the judgment be circulated among all the District Magistrates for information.

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