Early Times Report
Srinagar, Aug 27 : The State High Court has frowned upon government for repeated detention under Public Safety Act against Hurriyat Conference leader Masrat Alam Bhat. "Preventive detention is undemocratic and repugnant to rule of law. It violates fundamental principle of Criminal Jurisprudence, providing for presumption of innocence of accused till he is proved guilty on a fair and transparent trial," A single bench of the court comprising Justice Hasnain Massodi said in the judgment quashing Alam's latest detention under PSA. While order judgment was announced on August 21, it was made available only today. "It not only runs contrary to Constitutional ethos but also bruises the Gandhian thought, that forms weft and warp of our socio-political fabric," adding, "In present case, detenue as stated by respondents is accused in as many as 27 criminal cases and instead of taking effective steps to conclude investigation and to prosecute criminal cases pending against the detenue and to oppose grant of bail or even seek cancellation of bail wherever necessary, respondents have resorted to his detention under the Act. If detenue is to be believed, the respondents have in all slapped 19 detention orders on the detenue during last two and half decades," the court said.
Such recourse is repugnant to spirit and mandate of Article 21, the court said, adding that the Act has been operated against the detenue in an unfair, unjust and unreasonable manner, not in tune with fundamental right to life and personal liberty, guaranteed under Chapter III of the Constitution," the court said.
"Repeated detention orders - one after other, in effect perpetuating preventive detention (in present case for two and half decades except brief intervals), therefore, would offend spirit of Article 21 of the Constitution," the court said.
The court said no emphasis was needed that preventive detention was an extra ordinary measure meant for extraordinary situation and that law enforcing agencies are to have recourse to preventive detention only in case an effort to resist grant of bail to accused, fails or there is a strong suspicion that accused may be let off on bail.
"Detenue was already pointed out, was in police custody on the date impugned order was made and (the authorities) without waiting for outcome of application fell back upon the (PSA)," the court said and quashed the hardline separatist leaders latest PSA order, issued by District Magistrate, Budgam on April 21. |
