Srinagar, Aug 12: The High Court today reserved its judgment over the maintainability of the writ petition challenging the detention under Public Safety Act of Bar Association president, Mian Abdul Qayoom.
In the court of Justice Muzaffar Hussain Attar the state government filed preliminary objections in Qayoom’s contention to plead his case himself and said petition was not maintainable.
The government submitted that the Advisory Board should decide whether there was sufficient cause for the detention of the Mian Qayoom. “Since, the matter is pending before the Advisory Board there the writ petition is pre-mature,” state government said.
Refuting the argument of the government, counsel for detainee, Zaffar Ahmad Shah said, “There is no bar in law for a detenue to seek redressal through High court even when the government referred the case to the Advisory Board.” He said the law provides safeguards against the illegal arrests to a detenue. “But the safeguard so provided doesn’t prevent the Court from hearing a habeas corpus petition,” he said.
Zaffar argued that the reference of case to advisory board was not an alternate remedy. He said no lawyer could represent his client before the Board as the opinion of the board was confidential. In these circumstances a detenue could approach the court immediately after his detention and the court could examine basis of the detention, Zaffar said.
After hearing both sides, the High Court reserved the judgment on the case. On July 07, state government booked Advocate Qayoom under PSA and shifted him to sub-jail Hiranagar in Jammu. The High Court has already directed state administration to consider his shifting to the valley.
Meanwhile, High Court adjourned the case of detention under PSA of Bar general secretary, G N Shaheen till next week.

Lastupdate on : Thu, 12 Aug 2010 21:30:00 Makkah time
Lastupdate on : Thu, 12 Aug 2010 18:30:00 GMT
Lastupdate on : Fri, 13 Aug 2010 00:00:00 IST