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| When a ‘deceased’ appeared in court to vouch for his ‘assassin’ | | | Early Times Report
Srinagar, Feb 28: The reckless and indiscriminate use of public safety act (PSA) has time and again caused embarrassment to the authorities. Yesterday the law minister admitted the failure of his government when he stated that use of PSA was not justified. He said PSA was needed to keep things under control. This is exactly what the separatists have been saying for the past twenty years.
Three-year-old records reveal how authorities make a fool of themselves by invoking the legislation without ascertaining the facts. The story reflects a `deceased's' concern for his `assassin'. In November 2007 a `deceased' appeared in a court to rescue his `assassin'. He could not identify the accused (assassin), who according to the police had killed him, on February 10, 2007. The court while considering the statement of the `deceased' enlarged the `assassin' on bail.
The bail order was served upon central jail authorities for compliance on November 19. The jail authorities honoured the court orders but the CIK (Counter Intelligence Kashmir) sleuths picked him up and detained him in Joint Interrogation Centre (JIC) for a crime he never committed. He was shifted to Udhampur jail.
On the same day (November 19), the district magistrate, Ganderbal passed an order No: DMS/PSA/07/11 detaining the accused under public safety act (PSA).
A representation of the accused's brother, Mushtaq Ahmad Ganie, made the district magistrate realize his mistake on November 23. The representation seeking revocation of the impugned detention order caused a stir in district magistrate's office.
On November 28, the district magistrate wrote a letter No DC/GB1/PS/Misc-7/919-921 to the concerned police superintendent (SP). The letter reads: "Please refer grounds of detention communicated by you to this office in respect of Shri Muzafar Ahmad Ganie s/o Ghulam Nabi Ganie r/o Barwalla, Tehsil Kangan district Ganderbal vide your No Pross/Dossier/07/22300-302 dated October 26, 2007. Among other things you have mentioned that one Shabir Ahmad Bhat s/o Ghulam Muhammad Bhat r/o Kachnambal, Kangan who was working as follower in Jammu Kashmir police got killed in pursuance of the plan worked out by Shri Muzaffar Ahmad Ganie s/o Ghulam Nabi Ganie r/o Barwalla tehsil Kangan district Ganderbal. Today on November 28, it was reliably learnt that Shri Shabir Ahmad Bhat has not been killed and instead he is working under your administrative control. Please have the same verified so that the detention order passed by the undersigned vide Order No: DMG/PSA/07/11 dated November 19, 2007 under Jammu Kashmir Public Safety Act, 1978 is amended under intimation to higher authorities accordingly." (SIC).
Accused Muzaffar, 22, was a labourer by profession. He has now preferred a petition in the high court challenging the detention order. He has also sought compensation to the tune of Rs 20 lakhs.
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