Masrat Alam challenges detention under PSA

SC Asks JK Govt To File Response In 4 Weeks

D A RASHID

Srinagar, Jan 12: The Supreme Court has issued notice to Jammu and Kashmir government on a petition challenging the detention of Muslim League Chairman Masrat Alam under Public Safety Act.
 The Court granted four weeks to the government to file response to the petition filed by Alam’s uncle, Farooq Ahmed Bhat.
 A division bench of the Apex Court comprising Justices Sudhansu Jyoti Mukhopadhaya and R M Lodha issued notice to the Chief Secretary of Jammu and Kashmir and District Magistrate Srinagar to file objections to the petition.
 The petitioner has pleaded that Massarat Aalam’s  PSA detention on identical grounds is in violation of law and his fundamental rights have been infringed upon time and again by the state. 
 “Strict legal action should be taken against the officers of the state for violating fundamental rights of the detainee,” the petition prays.   
 Bhat has also sought compensation for the “mental harassment” and injury suffered by him. According to the petition, the state government had resorted to gross abuse of the provisions of the J&K Public Safety Act, 1978.
 The petition states that “Sixteen successive detention orders under PSA have been slapped against Masrat Alam, saying he was kept in almost continuous and unbroken custody since the year 1990.
 “Between 1990 and 2005, Alam never challenged the detention orders and served out the entire period of detention and in this way he spent more than twelve out of the fifteen year period between 1990 to 2005 in preventive detention,” reads the petition.
 He pleaded that all the nine detention orders were quashed by the Jammu and Kashmir High Court.
 Contending that all the detention orders were in violation of law, the petitioner said that identical grounds of detention, non compliance with the constitutional and statutory requirement of supply of material, non provision of the opportunity to make a representation against the order of detention, all were in violation of the provisions of Public Safety Act.
 Alam, currently lodged in District Jail, Kathua, was detained under PSA for the first time on October,2, 1990. He was released in November 1991. He was detained for a second time in 1993 and released in February 1997.
 On September 1997, he was detained third time for nearly three years and released in May 2000. He was detained for the fourth time in January, 2001 released in August 2003.
 He was detained for the fifth time and was in detention till July 2005.  Since, 16 Jan 2008 he has been detained on nine occasions under PSA. On October 30, 2012 he was again booked under provisions of PSA.
 Bhat has filed the petition through advocate Nitya Ramakrishnan.

Lastupdate on : Sat, 12 Jan 2013 21:30:00 Makkah time
Lastupdate on : Sat, 12 Jan 2013 18:30:00 GMT
Lastupdate on : Sun, 13 Jan 2013 00:00:00 IST




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