The State Human Rights Commission on Tuesday said that the Commission fails to understand how Public Safety Act (PSA) was immediately slapped against Hajin man despite orders from the court to release him.
Chairperson of the Commission Justice (Retd) Bilal Nazki while hearing the case said that the report filed by the Senior Superintendent of Police (SSP) makes an interesting reading saying, "He submits that detention order No.05/DMB/PSA/20017 dated 29-05-2017 passed by District Magistrate Bandipora was quashed by the High Court of J&K on 16-12-2017. After this order was passed, the detenues was arrested in different FIRs, being FIR No.49/2016 and FIR No.51/2016 of P/S Hajin and FIR 49/2016 and FIR No. 51/2016 in these FIRs the detenues was bailed out by the competent courts."
Nazki said this while hearing a case titled Zahoor Ahmad Rather R/o Hajin Bandipora with regard to continuous custody under PSA of Assadullah Parray S/O Ab Gani Parray R/O Syed Mohalla Hajin for the last three years and one after the other detention order was passed against him under the provisions of PSA. Five detention-orders have been quashed by the High Court and he is still in custody because of a 6th detention order.
Nazki said that SSP had informed the Commission that ,"On 23-01-2018 he was arrested in FIR No 51/2017 and was finally released on bail on 09-02-2018, adding "after release, his activities were monitored under close surveillance and it came to notice through reliable sources/ intelligence agencies that the said has not shun the path of his anti-national / nefarious activities and is again provoking / instigating the youth of Sub -division Sumbal in general and Hajin area in particular against the Government established by law and follow the practice of bandh / Hartal calls given by separatists by resorting stone pelting."
The Commission said that according to a dossier of activities in respect of the subject was submitted to District Magistrate Bandipora and in compliance to the PSA detention order vide No.22 / DMB / PSA / 2017-18 dated: 10-02-2018 and lodged at Central Jail Kote Bhalwal Jammu.
Nazki said, “This report reveals that the detainee was in continuous custody till 09-02-2018 and again detention order was passed on 10-02-2018 i.e. one day after he was released and it was stated by SSP that during this one night his activities were monitored and he was found engaged in anti-national and nefarious activities."
"The Commission fails to understand as to what the arrest did during one night on 09-02-2018 when he was free. Although applicant maintains that detainee was never released. Within 24 hours whole process was completed, on 10-02-2018 detention order was passed. The Commission does fail to understand when the dossier was prepared and submitted by SSP to the Dy Commissioner who passed the order on 10-02-2018," he said.
He also said that the Commission is also not sure whether the action of respondents is in conformity with mandate of Article 21-22 of Constitution of India.
Chairperson viewed the matter seriously, and directed the office to refer the instant case to the High Court in terms of section 18 (2) of J & K Protection of Human Rights Act, 1997 saying, "The original copies of all the documents on file including interim orders shall be forwarded to the Registrar General of J & K High Court who shall place the matter before the Chief Justice."