Court keeps order in abeyance, issues notice to Govt
PSA OF SEPTUAGENARIAN
Srinagar, May 9: The High Court has kept the detention under Public Safety Act of 70-year-old, former lecturer-Ghulam Mohi-ud-din Sheikh of Islamabad (Anantnag)-in abeyance at pre-execution stage and issued notice to the State Government.
Court of Justice, Hakeem Imtiyaz while hearing the petition of Mohi-ud-din Sheikh challenging the detention at pre-execution stage asked the Government to file objections within four weeks.
Sheikh, who is under treatment in a New Delhi hospital after suffering from a severe heart attack, has served the School Education Department for more than 30 years as a history teacher and then promoted as lecturer.
Sheikh has been charged of being an active worker of Jama’at-e-Islami by State authorities. He has been also charged of “instigating” public to indulge in anti-national activities and imposition of strikes in the district for past three years. He was arrested on January 3, and later released on bail.
However, soon after his release the District Magistrate Anantnag (Islamabad) on March 11 issued a detention order to book Sheikh under PSA. In his order, Magistrate said “The substantive law has not served the purpose to keep you in long custody as your custody in jail is the need of the time in the larger interest of the public and the State.”
However, Sheikh through advocate Mir Shafaqat Hussain challenged the PSA before the High Court.
Shafaqat argued that detaining authority had not attributed any fresh activity, prejudicial to the security of the State, in the PSA case after his release on bail. Hence, Shafaqat praying for the order to be set aside said, there were no compelling reasons before the Magistrate to book Sheikh under PSA.
Shafaqat said the order was passed on March 11, and till date it had not been executed. “Unexplained delay of 45 days in execution of detention order renders its invalid,” Shafaqat said.
Shafaqat submitted that order was passed on vague, irrelevant and extraneous grounds. Shafaqat quoting Supreme Court judgement in case of Deepak Bajaj V/S State of West Bengal said the Apex court had quashed the detention after it was found that order was based on vague, irrelevant and extraneous grounds.
“In the instant case the detaining authority has also passed the detention order on the vague, irrelevant grounds and hence deserves to be quashed,” he prayed.
Shafaqat submitted that order could be based on activities prejudicial to maintenance of public order or prejudice to security of State, but the Magistrate in the instant case has passed the detention order on twin activity as such the order deserves to be quashed.
After hearing the submissions, Court kept the order in abeyance at pre-execution stage.
Meanwhile, the Court also quashed the detention under PSA of Sonaullah Mir of Palhallan, Pattan.
Lastupdate on : Sun, 8 May 2011 21:30:00 Makkah time
Lastupdate on : Sun, 8 May 2011 18:30:00 GMT
Lastupdate on : Mon, 9 May 2011 00:00:00 IST
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