HC Orders Gulzar Peer’s Release

Srinagar—The Jammu and Kashmir High Court on Friday quashed detention order under Public Safety Act against self-styled faith-healer Gulzar Ahmad Bhat alias Gulzar Peer.

Bhat, a resident of Shamasabad Khansahib, was ordered to be detained under PSA by district magistrate Budgam on March 8 “to prevent him from acting in any manner prejudicial to the maintenance of security of the state.” The detention order was upheld by court’s single bench on August 3.

Aggrieved, Bhat filed an appeal before a division bench and Justices Dhiraj Singh Thakur and Sanjay Kumar Gupta allowed it

 “The view expressed by the single judge that the subjective satisfaction of the detaining authority had not been arrived at wrongly and that the nature and gravity of the accusation against (Bhat) was sufficient to justify his detention, in our opinion, is legally erroneous,” the court said and ordered authorities to release him “forthwith if otherwise not detained in any other case.”

The magistrate’s PSA order stated that Bhat was released from custody but the victims protested against the along with the public at large and a massive protest was staged in District Budgam and as such, there was a breach of public order.

The order also stated that various “separatists and antinational organizations” always looked for “such opportunities” and they could exploit the sentiments of the common masses and provoke them to violence.

Bhat had challenged the order and claimed that the district magistrate has not adhered to constitutional and statutory safeguards available to him under the constitution of India and J&K PSA 1978.

“From a reading of the order, it becomes clear that the order does not suggest that (Bhat) was

being detained with a view to prevent him from indulging in activities, which could be prejudicial to the maintenance of public order and that in case, he was not so detained, there was apprehension that the activities in which he was indulging in the past would be repeated by him, the court said, adding, “On the other hand, the order impugned has been passed only with a view to prevent the consequences i.e. public protests and exploitation of the issue by the separatists. Clearly, this cannot at all be a ground for detention. (Bhat) cannot be deprived of his personal liberty only because somebody else would raise a protest and exploit the issue arising on account of his release. This would clearly be a misuse of the provisions of the Public Safety Act,” the division bench said.

On February 23 this year, the high court, while upholding acquittal order by Sessions Court Budgam had ordered Gulzar’s release from custody forthwith if not required in any other case. 

The case (FIR 40/2015) was filed by police after four girls studying at Peer’s seminary at Shamasabad village had complained on May 19, 2013 that the accused has been raping them after calling them to his chamber on the pretext of religious teachings.

The girls said while committing the crime, Peer would raise the volume of a tape recorder to drown their cries. They also alleged that he would render them unconscious by casting “magical spells” on them.

A special Investigation Team (SIT) was constituted by police filed charge sheet against Gulzar for commission of offence under RPC section 376 (rape). On 12 February 2015, Gulzar and other accused were acquitted by the Sessions Court Budgam, observing that prosecution failed to prove the guilt against them.

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