Srinagar, July 14: The High Court Bar Association president Mian Abdul Qayoom has been detained for “misusing the Bar platform for secessionist activities, providing legal aid to striking employees, encouraging stone-pelters and launching separate probes against incidents.” Qayoom has also been accused of “questioning genuineness of anti-militancy operations by the security forces”.
On July 7, Qayoom was arrested and booked under PSA. He was immediately shifted to Hiranagar sub-jail, Jammu on the same day.
His grounds of detention served to Qayoom by the police state: “You are the president of Kashmir High Court Bar Association and over a period of time have emerged as one of the staunch advocates of the secessionist ideology and believe that the state of Jammu and Kashmir is a disputed territory. As per your strategy, you started to advocate your ideology from the platform of Bar Association.”
“You always raise a finger upon the genuineness of the official claims regarding anti-terrorist operations and often send the members of Bar Association to conduct a parallel probe in such incidents”, the grounds read.
“This is unprecedented in the civilized world. One such incident was when you led a team of lawyers to Sopur and thereafter issued a statement that the action of the security forces was fake and aimed to destroy the residential  houses of innocent people, thereby spreading disaffection among the masses against the Union of India.”
The grounds of detention mention that on March 2, 2010, the Bar president in a press statement offered legal help to stone-pelters.
“Though as a lawyer, you cannot be stopped to represent any accused before the court, but to issue such statements is basically aimed at encouraging and instigating the gullible youth to resort to stone-pelting which has endangered the human life in various parts of the valley,” the grounds reads.
“You extend support to every individual and community who acts against the establishment. On 2 April, Bar at your instance issued a statement, stating therein that Bar Association will  provide legal assistance to all the employees of the  state who had proceeded on protest  and against whom the government had initiated legal proceedings.“
Meanwhile the State Government today filed objections opposing shifting of Mian Qayoom from sub-jail Hiranagar to Srinagar stating that jails here are overcrowded.
The Government said it won’t be “administratively convenient” to lodge the detainee at Central Jail Srinagar because of the presence of “hardcore foreign militants of Pakistan, Sudan and Afghanistan in the jail.”
The Government said that Central jail Srinagar is already over-crowded as the in-take capacity with jail is 300 while at present there are 480 detainees under-trials lodged in the jail. There are some hardcore foreign militants from Pakistan, Sudan, Afghanistan etc, as also some other persons having the same secessionist ideology, therefore, it is not in the interest of the security of the state to lodge the detainee at Central Jail, Srinagar.”
The state government said that detainee has studied in Jammu University and is familiar with atmosphere of Jammu city. It said, he often visits the jails in Jammu province and Courts to perform professional duty.  The case has been listed for July 15.
On July 9, the High Court issued notice to the State Government, the Deputy Commissioner Srinagar and the Advocate General of the State on a petition filed against the arrest of the High Court Bar Association president Mian Abdul Qayoom.
The writ petition challenged Bar president’s detention. Arguing the case, senior Counsel ZA Shah and Muhammad Ashraf Bhat had pleaded that the detention was invalid and unconstitutional. Shah had argued that the detainee has been discharging duties as professional advocate including critical examination of the Government decisions. He argued the allegations levelled against Qayoom don’t involve the violation of any law. The detainee, he said, has his own political beliefs and has every right to propagate them.

Lastupdate on : Wed, 14 Jul 2010 21:30:00 Mecca time
Lastupdate on : Wed, 14 Jul 2010 18:30:00 GMT
Lastupdate on : Thu, 15 Jul 2010 00:00:00 IST