SRINAGAR The State Human Rights Commission on Tuesday took serious notice of repeated PSA on a detainee and directed the office to refer the instant case to the High Court.
The case titled Zahoor Ahmad Rather of Hajin District Bandipora was listed before the Chairperson of the Commission with regard to continuous custody under PSA of one Assadullah Parray son of Abdul Gani Parray of Syed Mohalla Hajin for the last three years and one after the other detention order was passed against him under the provisions of PSA. Five detention orders have been quashed by the High Court and he is still in custody because of a six detention order, the chairperson Justice (Rtd) Bilal Nazki said. Thy report filed by the SSP makes an interesting reading, the chairperson said. He submits that detention order No.05/DMB/PSA/20017 dated 29-05-2017 passed by District Magistrate Bandipora was quashed by the High Court of J&K on 16-12-2017. After this order was passed, the detenue was arrested in different FIRs, being FIR No.49/2016 and FIR No.51/2016 of P/S Hajin and FIR 49/2016 and FIR No.51/2016. In these FlRs the detenue was bailed out by the competent courts.
On 23 January 2018 he was arrested in FIR No. 51/2017 and was finally released on bail on 09-02-2018. The SSP Bandipora maintains, the Commission observed that “after release, his activities were monitored under close surveillance and it came to notice. through reliable sourcés/ intelligence agencies that the said has not shun the path of his anti-national/nefarious activities and is again provoking/instigating the youth of Sub-division Sumbal in general and Hajin area in particular against the Government established by law and follow the practice of bandh/hartal calls given by separatists by resorting stone pelting.
Accordingly a dossier of activities in respect of the subject was submitted to District Magistrate Bandipora and in compliance to the PSA detention order vide No.22/DMB/PSA/2017/18 dated: 10-02-2018 and lodged at Central Jail Kote Bhalwal Jammu., the Commission observed further
This report reveals that the detenue was in continuous custody till 09- 02-2018 and again detention order was passed on 10-02-2018 i.e. one day after he was released and it is stated by SSP that during this one night his activities were monitored and he was found engaged in anti-national and nefarious activities, the chairperson said, adding, The Commission fails to understand as to what the detenue did during one night as on 09-02-2018 when he was free. Although applicant maintains that detenue was never released. Within 24 hours whole process was completed, on 10-02-2018 detention order was passed.
The Commission said it fails to understand when the dossier was prepared and submitted by SSP to the Dy. Commissioner who passed the order on 10-02-2018. The Commission is also not sure whether the action of respondents is in conformity with mandate of Article 21-22 of constitution of India.
The Chairperson viewed the matter seriously, and directed the office to refer the instant case to the Honble High Court in terms of section 18 (2) of J&K Protection of Human Rights Act, 1997. The original copies of all the documents on file including interim orders shall be forwarded to the Registrar General of J&K High Court who shall place the matter before the Chief Justice.
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