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| HC stops transferring militant to outside jail | | | Srinagar , February 13
Jammu and Kashmir High Court today stopped the transfer of a foreign militant to a jail outside the State and instead sent the militant to Srinagar's Central Jail till February 20 besides issuing a notification to the state government.
The order came following a writ petition filed in J&K High Court challenging the transfer of the militant to a jail outside the state instead of pushing back the foreign national to his own country.
The militant, identified as Nasar-ullah Mansoor, was arrested in 1993 and had since then been serving detention under public safety act in different jails in J&K and even outside.
As financial commissioner home issued orders of Narar-ullah's detention for two more years and further ordered that the detainee may be shifted to a Varanasi Jail for detention, the order was challenged Kashmir Bar Association President and senior High Court lawyer, Mian Abdul Qayoom who filed Haebus Corpus Petition number 10 of 2007 in J&K High Court.
During the hearing of the petition in Justice J P Singh's court, Qayoom argued that the Public Safety Act lays down the transfer of a criminal to his own country after he has completed the specified time under public safety act. Qayoom said that the state government preferred to send the militant to other parts of the country instead of following the legal course of action that would allow pushing the foreign national back to his own country.
The court later issued a notice to the state government regarding this issue to prevent the transfer of the militant to Varanasi and asked the state government to file their objections in this connection till February 20 when the case will be heard again. The militant will spend the time till February 20 in Srinagar's central jail, the judge ordered.
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