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PSA detainee aged 70 yrs released after 9 months
5/17/2014 11:50:21 PM
Early Times Report

KISHTWAR, May 17: Police released a 70 year old person who was detained under Public Safety Act (PSA) for his alleged involvement in Kishtwar communal rights that broke out on August 9 last year. PSA was slapped on Abdul Qayoom, son of Assadullah Mattoo of Omar Mohalla Kishtwar on August 10 last year by District Magistrate Kishtwar. The detention was challenged by the counsel of the accused Advocate Shafkat before the High Court Jammu, citing that neither District Magistrate nor the Divisional Commissioner can issue the orders of detention at random or for the period of 24 months. "Qayoom was detained in two acts simultaneously which is wrong as per the provisions of the PSA. A person can be detained under this law either on the ground of being a threat to the security of the state, disturbing public order or smuggling timber etc," Advocate Shafkat said. Advocate Shafkat claimed that magistrate over-stepped his authority by ordering detention of Qayoom for 24 months. He said fixation of the period of detention is the domain of the advisory boards. He sought a compensation for the victim after which the accused was released.
"Ironically, on the day of the release on December 2 last year, police rearrested Qayoom on the same charges and slapped another PSA for the period of 24 months," Advocate Shafkat said adding that after apprising the Chief Judicial Magistrate about the development, the court sought a status report from the Superintendent, Kot Bhalwal Jail.
"The Superintendent informed the court that detention order of Qayoom has not been confirmed yet and they are waiting for the directions of Advisory Board. The court asked the jail authorities to release Qayoom on May 5," Advocate Shafkat said. He said that he is hopeful that court would pass directions to the authorities asking them to compensate Qayoom. He said the petition with regard to compensation is pending in Jammu High Court and the next date of hearing is on May 24. Qayoom was implicated in almost a dozen cases. The case FIR number 150/2013 sections 436, 435, 332, 336, 147, 148, 149 of RPC had been leveled against him at Police Station, Kishtwar.
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