PSA can’t be slapped against foreign under-trials in custody: High Court
D A RASHID
Srinagar, May 24: The State High Court has held that if a foreign detainee is in custody and is facing trial in the competent court, there is no requirement of passing the order of detention against him under section 8(1) (b) of the Jammu and Kashmir Public Safety Act.
Court of Justice Muhammad Yaqoob Mir passed the direction on a petition filed by two accused Pakistanis separately through their counsel Mir Shaqat Hussain challenging the detention orders on the grounds that they do not serve any purpose but only hamper trial.
Counsel for the petitioners contended that the detainee has to remain in custody until their trial is concluded and slapping detention order under PSA is unwarranted.
“If the trial ends in acquittal then steps need to be taken for regulating presence of detainees till their deportation to their native country” the counsel argued.
The counsel informed the court that there were criminal cases pending against the two accused, Abdul Hayee Malik and Muhammad Imran Bhat both of Shaheed Gunj Punjab Pakistan before the court of Sessions Judge Srinagar, Court of 2nd Additional Sessions Judge Jammu and Court of Sessions Judge Jammu and Sessions Court Islamabad (Anantnag) and the detention orders passed frequently were hampering their trial.
In its order, the court said the detainee has to remain in custody in connection with the cases unless he is admitted to bail , therefore, there was no requirement of passing the order of detention by invoking the powers under section 8(1) (b) of the Jammu and Kashmir Public Safety Act (PSA).
“Passing of the detention order clearly shows non application of mind on part of the detaining authority” the court held.
The court said the detention and consequent lodgment of detainees hamper the progress of trial of the cases pending disposal before the trial courts, so they are unsustainable and are quashed.
The Court, hover, said the custody of the detainee shall be regulated by the orders passed by the trial court where the cases against the detainees are pending.
The court has made it clear that in case Abdul Hayee Malik and Muhammad Imran Bhat of Gunj Panjab Pakistan earned acquittal or are admitted to bail, in that eventuality until deportation, presence of the detainee can be regulated under section 8 (1) (b) of the Jammu and Kashmir Public Safety Act.
The two Pakistanis were apprehended by the police in 1996 and are facing trial under various criminal sections of CrPC before the trial courts in Jammu and Kashmir.
Lastupdate on : Thu, 24 May 2012 21:30:00 Makkah time
Lastupdate on : Thu, 24 May 2012 18:30:00 GMT
Lastupdate on : Fri, 25 May 2012 00:00:00 IST
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