The Jammu and Kashmir High Court on Thursday dismissed an appeal by Kashmir High Court Bar Association president Mian Qayoom against his detention under the Public Safety Act, reports said.
Qayoom was detained in August last year after the Government of India abrogated the special status of Jammu and Kashmir and bifurcated it into two union territories.
A division bench of the court upheld his prolonged administrative detention since August 2019 by dismissing his appeal against the Single Bench order dated February 2, 2020 and his detention under the Public Safety Act, reported The Tribune.
However, the Bench suggested that his lawyer submit a representation declaring that he (Qayoom) had “shunned” his ideology while also leaving it to the “discretion” of the government authorities concerned “to take a decision” on any such representation, added the report.
Qayoom is currently lodged at Tihar Jail and is suffering from many ailments.
“As mentioned in para 37 of this judgment, while addressing his arguments on the ideology nourished and nurtured by the detenue, the learned Advocate General submitted that such ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless, of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology (emphasis supplied)”, a division bench of Justice Vinod Chatterji Koul and Ali Mohammad Magrey said in its judgment while dismissing Qayoom’s appeal.
“In light of the above legally rightful and sound argument taken by the learned Advocate General, we leave it to the detenue to decide whether he would wish to take advantage of the stand of the learned Advocate General and make a representation to the concerned authorities to abide by it.”
“Simultaneously, we also leave it to the discretion of the Government and of the concerned/competent authority(ies) to take a decision in terms of the relevant provision(s) of the JK PSA on any such representation, if made, by the detenue. It is made clear that an adverse order on any such application, if made, shall not entail any legal proceedings, whatsoever”, the Court said while suggesting Qayoom to file a declaration for securing his release from detention,” said the report.