Detention of ‘minor’ revoked: J&K to HChttps://indianexpress.com/article/india/detention-of-minor-revoked-jk-to-hc-6052508/

Detention of ‘minor’ revoked: J&K to HC

The government has now filed the reply before a bench of Justice Ali Mohammad Magrey and informed that the detention order under PSA has been revoked and police has been directed to release the detainee.

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The government had been asked to file a reply before October 1.

A week after Jammu & Kashmir High Court sought the state government’s reply on a plea challenging a detention under Public Safety Act (PSA) and claiming that the detainee is a minor, authorities have replied that the home department has “revoked” the detention order and directed the police to “hand over” the detainee to the family.

The Indian Express on September 26 reported that a bench of Justice Sanjeev Kumar, hearing the habeas corpus petition, had ordered the government to file a counter affidavit in a PSA case where relatives have produced a school report card to claim that the detainee is 16 years old. The government had been asked to file a reply before October 1.

The government has now filed the reply before a bench of Justice Ali Mohammad Magrey and informed that the detention order under PSA has been revoked and police has been directed to release the detainee. “In view of the aforesaid position, nothing survives for further adjudication in this Habeas Corpus petition, as a sequel thereto, the same shall stand closed as settled,” Justice Magrey said.

“…Senior Additional Advocate General, at the very outset, has produced a photocopy of Government order …dated 20th of September, 2019 issued by the Principal Secretary to Government, Home Department, in terms whereof, the Government has revoked the detention order bearing…dated 8th of August, 2019, subject matter of the instant contempt petition, with a direction to the Senior Superintendent of Police (SSP), Anantnag, to ensure that the subject is got released/ shifted back and, subsequently, handed over to his family,” the order stated.

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During the hearing, the detainee’s uncle claimed before the single judge that despite revocation of the detention order, the detainee has not been handed over to his family. The court has now directed SSP, Anantnag, “to ensure that the detenue is got released/ shifted back and, subsequently, handed over to his family”.

The Indian Express had earlier reported that relatives of two detainees in the Valley have moved the Jammu and Kashmir High Court, saying they are minors — one 16 and the other 14 — and the court has ordered a probe in one and asked the government to reply in another.

In the other petition, the Srinagar wing of the high court has ordered an inquiry has asked the registrar to complete the probe within 10 days and ascertain the age of the detainee.