Srinagar, July 15: The state High Court today reserved order on the writ petition seeking shifting of Bar President Mian Abdul Qayoom, detained in Hiranagar jail under Public Safety Act, to Srinagar Central Jail.
The court directed the state Government to file detailed account about the capacity and number of detainees in jails of Kashmir valley.
Senior counsel Zaffar Ahmad Shah said Mian Qayoom is a resident of Srinagar and can’t be detained in Jammu. Shah argued that under Section 8 of the Public Safety Act 1978, the Divisional Commissioner and the District Magistrate have no authority vested in them to determine the lodgment of the detainee beyond the limits of their jurisdiction.
“The power to determine the place of the lodgment is a regulatory one and is governed by the statute,” he argued.
The Government in its objection had said that Central Jail Srinagar was already over-crowded as its in-take capacity is 300 while presently there are 480 detainees 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, not in the interest of the security of the State to lodge the detainee at Central Jail Srinagar,” it said.
The state Government had also said that the detainee has studied in Jammu University and was familiar with atmosphere of Jammu city. It said he often visits the jails in Jammu province and courts to perform professional duty.
On July 7, the state Government booked Advocate Mian Qayoom under Public Safety Act and shifted him to sub-jail Hiranagar in Jammu. The case pertaining to the quashing of PSA against the Bar President is listed in the court for Tuesday.
Meanwhile, Bar Association has decided to continue with its strike till July 19.

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