PRESS RELEASE: 14-12-2018 J&K High Court Bar Association, Srinagar, expresses its serious concern over the shifting of Kashmiri prisoners, detained under Public Safety Act
J&K High Court Bar Association, Srinagar, expresses its serious concern over the shifting of Kashmiri prisoners, detained under Public Safety Act, to different jails outside the State and more particularly of the failure of the jail authorities to provide the whereabouts of those detenues to their kith and kin, so that they could go and meet them in the jail, where they have been lodged.
The Bar Association has reliably learnt that Ghulam Mohammad Khan Sopori, who is more than 75 years of age and is in custody from 2016, was reportedly shifted from Kotebalwal Jail, Jammu, to a jail in Karnal, Haryana but when his family members went to see him in the said jail, they were told that he is not lodged over there. They thereafter wanted to know from the jail authorities as to where he has been lodged, but no information has been given to them about the jail, where he has been shifted as a result of which the entire family is terribly disturbed.
The Bar Association maintains that shifting of Kashmiri detenues to the jails located outside the State, by making an amendment in Public Safety Act is an extra-territorial piece of legislation, which is legally invalid. The said amendment is also contrary to the five Judge Bench Constitutional Judgment of the Supreme Court, besides Prisons Act, Prisoners Act and Jail Manual. The Bar Association has therefore filed a writ petition before the High Court for quashing the said amendment in which court has issued notice to the State Govt. for filing the reply and the matter is scheduled to come up for consideration on 17.12.2018. The Bar Association is hopeful that keeping the legal aspects of the matter in consideration, the amendment would be struck down by the Court as unconstitutional.
The Bar Association expresses its grief over the sad demise of the mother of Farooq Ahmad Dar (Bita Karatay), who passed away on Tuesday, the 11th of December, 2018 and the mother of Haji Mohammad Hayat, Printer, Publisher and Editor of Daily Reader, Srinagar, and prays to Almighty Allah to rest their soul in peace and give courage and fortitude to the members of the bereaved families, to bear the irreparable loss.