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Thursday, July 02, 2020

SC seeks UT reply on J&K Bar chief’s plea over detention

Taking note, the bench asked jail authorities to ensure that appropriate clothes and other essentials are made available. Qayoom has also sought a direction to shift him to Srinagar central jail on medical grounds. The high court on May 28 upheld his detention under the PSA.

By: Express News Service | New Delhi | Published: June 27, 2020 2:04:58 am
Railway claims tribunal, supreme court, rajan sharma, RCT Member (Technical), RCT Member (Judicial), indian express Senior Advocate Dushyant Dave, who appeared for Qayoom, said the petitioner only had winter garments when he was brought to Tihar Jail in Delhi. (File)

The Supreme Court on Friday issued a notice to the Jammu and Kashmir administration on a plea by Mian Abdul Qayoom, president of J&K Bar Association, challenging the High Court order upholding his detention under the Public Safety Act (PSA).

The plea was heard via video-conference by a vacation bench of Justices Sanjay Kishan Kaul and B R Gavai, which sought the administration’s reply by the second week of July when the court would reopen after summer recess. Senior Advocate Dushyant Dave, who appeared for Qayoom, said the petitioner only had winter garments when he was brought to Tihar Jail in Delhi and that given the current weather conditions, he should be allowed summer clothing.

Taking note, the bench asked jail authorities to ensure that appropriate clothes and other essentials are made available. Qayoom has also sought a direction to shift him to Srinagar central jail on medical grounds.

The high court on May 28 upheld his detention under the PSA. Qayoom has said he was detained on the night intervening August 4 and 5, 2019, under provisions of Jammu and Kashmir Code of Criminal Procedure and PSA was imposed on August 7, 2019. He has contended that the high court order is ex facie unsustainable in law as it is premised on “stale, irrelevant, remote, vague, imprecise and deficient” grounds of detention.

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