High Court reserves decision on plea against Khurram’s PSA detention

Pleading that Khurram was detained on false and frivolous charges, Advocate Imroz submitted that Khurram is a renowned human rights activist and has long history of commendable human rights work.

D A RASHID
Srinagar, Publish Date: Nov 24 2016 11:50PM | Updated Date: Nov 24 2016 11:50PM
High Court reserves decision on plea against Khurram’s PSA detention

The Jammu and Kashmir High Court on Thursday reserved its decision on a petition by Human Rights Activist, Khurram Pervez, against his detention under Public Safety Act.

A bench of Justice Muzaffar Hussain Attar reserved the judgment after hearing Kuhram’ s counsel Pervez Imroz and Additional Advocate General, Muhammad Iqbal Dar, representing the state. 

On September 21, Khurram was booked under Public Safety Act after District Magistrate Srinagar in this regard issued an order. While Khurram was lodged in Kotbalwal jail in Jammu, his detention courted criticism and condemnation from various rights groups internationally. 

Pleading that Khurram was detained on false and frivolous charges, Advocate Imroz submitted that Khurram is a renowned human rights activist and has long history of commendable human rights work. 

“It is non application of the mind to book Khurram under PSA. The Human rights activist is involved none of the FIRs cited by the government and his name finds mention nowhere,” Imroz said. 

“The grounds of detention are not only vague, irrelevant, ambiguous and non existent but also lack material particulars regarding time and date which renders the same liable to be set aside” Imroz submitted, adding the government has observed in breach the safeguards enshrined in Article 21 and 22(5) of the constitution of India. 

He further pleaded that the “grounds of detention have not been read over or explained to the detainee in the language he understands neither was he given transplanted copies of the grounds of detention and dossier to enable him to file representation against the order of detention”. 

Advocate Dar while defending the government, submitted that “None of the rights of detainee has been infringed by placing him under preventive detention with the sole object to prevent him from acting in any manner prejudicial to the maintenance of public order”. 

The counsel pleaded that “Police framed a dossier on the basis of record showing the detainee is an anti-social element known for his anti-national activities, which are prejudicial to the activities of the maintenance of Public Order”. 

“The detainee by his anti-social and anti-national activities has achieved top position in separatist camps under a hidden cover of being Human Rights Activist. He has been deeply involved in the ongoing unrest in Kashmir by instigating and motivating the elements to resort to the activities prejudicial to the security of the state/maintenance of Public order,” Dar pleaded. 

“The detainee has extensive history of affiliation with separatist organizations who advocate the session of JK State from Union of India and for achieving the goal the detainee has been found resorting to unlawful activities since long,” he pleaded. 

Pertinently, Khurram’s detention has evoked criticism at international level and Enforced Disappearances, Asian Federation against Involuntary Disappearances and the International Commission of Jurists have called for his immediate release.

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