Updated: September 21, 2016 4:01:21 am
A Srinagar sessions court on Tuesday passed an order to “set free” human rights activist Khurram Parvez, who has been in “preventive detention” since Thursday. However, as soon as Parvez was released from jail, police took him to Kupwara police station.
The reason behind the move was not known. No police officer was available for comment.
“They (police) were waiting outside the jail. As soon as he (Parvez) was released, they took him to Kupwara police station,” Parvez’s wife Sameena Mir told The Indian Express. “We are waiting. The police told us they are waiting for the DSP to come.”
Earlier in the day, the magistrate who had passed the order for Parvez’s “preventive detention” said that he did not see him (Parvez) personally or issue a showcause for a bail bond — as required by law.
Hearing the case on Tuesday, Srinagar District and Sessions Judge Rashid Ali Dar asked the magistrate respond to the submissions of Parvez’s lawyers. “I have nothing to say,” Executive Magistrate Mohammad Amin Najar Najar told the judge.
Parvez’s lawyers had submitted that the detention was “illegal” and that no showcause notice was served to him for a bail bond, as required under Section 107 of the CrPC. Sections 107 and 151 had been invoked against Parvez.
Reprimanding the magistrate, the judge said, “Do you know under which section a showcause notice has to be prepared? When did you get the judicial powers?”
Parzev was arrested by police from his home in Srinagar on Thursday night and kept in “preventive detention” as he “may cause breach of peace”. On Friday, Najar, a naib tehsildar, passed the order to send Parvez to a jail in Kupwara as the activist “could not produce a guarantor or the personal bond”.
When asked by the judge to respond to the submission that Parvez was not produced before a magistrate, Najar said: “I was told that he is physically challenged and is in a (police) jeep.”
Parvez lost a leg in a landmine blast a decade ago, but is able to walk normally with a prosthetic leg.
Najar said, “I was told he (Parvez) is physically challenged and cannot walk to my office. I saw the jeep from the window. I sent an orderly to check if he was there. The SHO said he (Parvez) is the person and read his charges to me, what else did I need?”
The magistrate said his orderly asked Parvez if he had anyone with him who could seek bail on his behalf, but “he had no one with him”. When asked if he told the police to contact Parvez’s family, Najar said, “Our phones were not working. He could have asked for time, but he did not.”
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