HC Quashes PSA Detention of Journalism Student, 2 Others

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Srinagar—The Jammu and Kashmir High Court has quashed detention order under Public Safety Act against three detainees, one of them Tahir Hussain Mir, a student of Journalism at Kashmir University.

“What can be said it is an open and shut case of the derivation of an inalienable right of the ‘detainee’, in as much as, he has not been informed that he can make a representation to the detaining authority. This permitted no option as it is a right guaranteed under Article 22(5) of the constitution of India and section 13 of the (Public Safety) Act of 1978. It is incapable of being taken away and the failure of invalidating the order of detention,” said a division bench of Justices Ramalingam Sudhakar and M K Hanjura while allowing an appeal against court’s single bench order.

Subsequently, the division bench quashed detention order under PSA against Tahir Hussain Mir son of Late Habibullah Mir, a resident of Ward No. 2 Dachigam Bandipora and ordered government to release him forthwith from the preventive custody.

Tahir, 24, was arrested in September 2016 and was accused of “disrupting law and order and indulging in stone pelting”. He was slapped with the draconian PSA, described as lawless law by the amnesty international.

Son of a late police constable, Tahir was first lodged in Kot Balwal Jail in Jammu and was shifted to Central Jail Srinagar for his exams on the court orders.

Tahir’s handcuffed photographs went viral on social networking sites last week when he was brought to appear for his Ist Semester examinations.

Meanwhile, the high court also quashed detention order under PSA against Tariq Ahmad Ganai son of Mohammad Yaqoob of Ganai Mohalla Shopian and Suhail Ahmad Sheikh son of Nazir Ahmad Sheikh of Tawheed Gunj Baramulla.

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