High Court quashes PSA of minor
Srinagar, Apr 6: The High Court has quashed the detention under Public Safety Act of 16-year-old Tawseef Hussain Bhat of Shopian and directed the state Government to release him.
Court of Justice Muzaffar Hussain Attar admitted that Tawseef is a minor and quashed his detention. Attar said the detaining authority had passed the detention order in violation of the section (8) of the Public Safety Act, 1978.
“Detaining authority has not applied mind while passing the order. A detainee can be detained when his activities are prejudicial to the security of the state or public order. But in the present case the detainee has been detained for being a threat to the sovereignty, integrity, peace and tranquillity, which is in violation to section 8 of PSA,” the court said.
On December 1, 2010, police arrested Tawseef of Baba Mohalla Shopian on charges of stone-pelting and instigating violence. Subsequently, District Magistrate Shopian, M S Sood, booked him under PSA and ordered his detention in Kathua jail.
Tawseef is a 10th class student of Muhammadia Institute of Shopian. According to his school records his date of birth is January 26, 1995. However, this does not reflect in his grounds of detention, duly signed by M S Sood, wherein his age has been shown to be 18 to 19 years. Furthermore, the Government claimed that the boy had links with Hurriyat (G) and stone-pelters.
“You were weak in studies and remained unsuccessful many a times in lower classes and were presently studying in 10th class. You kept close contact with Hurriyat activists and stone-pelters, who motivated you to join Tehreek-e-Hurriyat, headed by Syed Ali Shah Geelani. You participated in number of meetings organized by the APHC activists in district Shopian,” the detention order read.
Pertinently, Tawseef was declared successful in 10th class examination while he was languishing in Kathua jail.
Lastupdate on : Wed, 6 Apr 2011 21:30:00 Makkah time
Lastupdate on : Wed, 6 Apr 2011 18:30:00 GMT
Lastupdate on : Thu, 7 Apr 2011 00:00:00 IST
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