The Jammu and Kashmir High court on Friday stayed a detention order issued by District Magistrate (DM) Kupwara under Public Safety Act against a forest officer who was earlier appointed as Additional Duty Magistrate by the DM.
A bench of Justice Muzaffar Hussain Attar has directed the concerned authorities not to execute PSA detention against Mehmood ul Hassan Shah who was booked under PSA.
Shah has approached the court through his counsel Mir Majid Bashir against the detention order (10-DMK/PSA of 2016) issued by DM Kupwara against him on August 10.
While the court issued notice to the government for its objections to the Petition, it stayed detention order till further orders. The DM Kupwara on July 21 had deployed Shah as Additional Duty Magistrate.
"How can the District Magistrate Kupwara slap PSA against an officer who was appointed as Duty Magistrate by him," Advocate Mir pleads.
Shah was booked on July 9 this year by police after filing an FIR (76 of 2016) against him at Police Station Lalpora for committing offences under sections 307, 148, 149, 152, 336 of RPC.
Meanwhile, in a separate order, the court stayed at pre-execution level detention order of Javed Ahmad Shah, an employee from Lalpora Kupwara who has been booked under Public Safety Act. Shah has challenged the PSA detention in High Court. Issuing notice to the government, the court directed the government to file objections to the petition.
In his plea, one of the grounds raised by Shah against the impugned order is that "even though same has been passed on August 10, 2016, it has not been executed till date despite availability of the petitioner".
"The petitioner is attending his duty regularly," he pleads.