High Court stays DGP’s order
SHIFTING OF DETAINEES TO OUTSIDE JAILS
D A RASHID
Srinagar, Feb 1: The High Court on Wednesday stayed state Director General of Prisons’ order to shift four detainees from Central Jail Srinagar to various jails at Jammu.
Putting the order of sessions court convict, Ghulam Muhammad Bhat, on hold, a bench of Jammu and Kashmir High Court observed that it has not decided yet on the conviction challenged by the accused in an appeal pending disposal.
Bhat has been convicted for life imprisonment by the Sessions Court Budgam under various criminal sections of RPC and Arms act and is under detention for last 11 years.
He filed an appeal before the High Court challenging the Budgam Sessions Judge’s order and his case is pending disposal.
On Jan 25, 2012, DGP prisons issued an order to shift the detainee to a jail outside the valley.
Counsel for the accused, Mian Abdul Qayoom argued before the court that the order of the DGP prisons to shift and lodge the detainee outside is illegal and beyond the powers of the respondents.
The court reined the impugned order of DGP with the condition if it pertains to the accused.
Meanwhile, another High Court Bench stayed the order of Director General Prisons and directed the government not to act upon it till next date of hearing. The Court also asked the government to file objections if any within one week.
The detainees whose shifting was halted by the court are Mushtaq Ahmad Akhoon of Srinagar, Shabir Ahmad Bukhari and Shakeel Ahmad Sofi both residents of Pattan.
Counsel for the accused argued that the order of DGP prisons is irrelevant as they are under trials and cannot be shifted from central jail Srinagar.
“DGP prisons has no authority to shift them amid standing orders of the sessions court” he argued.
The court after hearing the arguments stayed shifting of the detainees from the Valley to an outside jail till the next date of hearing.
Lastupdate on : Wed, 1 Feb 2012 21:30:00 Makkah time
Lastupdate on : Wed, 1 Feb 2012 18:30:00 GMT
Lastupdate on : Thu, 2 Feb 2012 00:00:00 IST
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