HC Quashes PSA Detention of Asiya, Her Aide

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Srinagar—The Jammu and Kashmir High Court on Wednesday ordered immediate release of Dukhtaran-e-Millat chief Asiya Andrabi and her aide Faheemda Sofi after quashing their detention order under Public Safety Act.

“The earlier order of detention dated 05 October 2016, having been quashed by the Court on 15 December 2016, no fresh order of detention could be passed against (Asiya) unless there were fresh grounds, which came into existence after the passing of the order dated 15 December 2016 and her release from the detention. The grounds of detention are a replica of the police dossier and only the word ‘subject’ has been changed into the word ‘you’ by the District Magistrate Srinagar, which smacks of non-application of mind,” Asiya’s counsel advocate Mian Qayoom argued before a single bench of Justice M K Hanjura during the hearing of a petition filed by the DeM chief against the fresh PSA order, passed against her, on May 9.

Asiya was first lodged at District Jail Baramulla. However, her lodgement was subsequently changed to the Central Jail Kotbalwal Jammu, and thereafter to District Jail, Amphalla Jammu.

“The grounds of detention do not show that (she) was arrested on 26 April 2017 and was booked by the police station Soura Srinagar in a case registered against her u/s 107/151 Cr.PC, in which the Executive Magistrate, 1st Class, Idgah, Srinagar, granted her bail on 09 May 2017. The order of detention has been passed without application of mind, rendering the same liable to be set aside,” he said, underlining that since she was in custody at the time of passing of the order of detention, there was no justification to detain her under the preventive detention. Her bail application could have been opposed or the order could have been challenged before the superior Court and in no case could she be detained under the PSA,” he said.

Qayoom also sought quashing of the detention order on other grounds and referred to catena of judgment by the Supreme Court on upholding the personal liberty of an individual.

Additional Advocate General B A Bashir, on behalf of District Magistrate Srinagar, resisted the petition, claiming that order of detention was passed after taking into consideration the relevant provisions of the PSA. The grounds of detention, he said, were conveyed to Asiya in the language with which she is conversant. “These were read over and explained to her,” he said. The material, that formed the base line of here detention has also been provided to her and she has also been told that she has a right to make a representation to the Government as also to the authority that passed the order of detention, he said, adding it has been passed with due diligence and “will survive in the eyes of law.”

After hearing both the sides, a single bench of the court comprising Justice M K Hanjura quashed the order of detention and directed authorities to release Asiya Andrabi wife of Ashiq Hussain Faktoo of Soura “forthwith from the preventive custody.” The court also quashed detention order of Sofi Fahmeeda.

 

 

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