PRESS RELEASE- 16.11.2018: J&K High Court Bar Association Srinagar, strongly condemns the slapping of 37th detention order under Public Safety Act issued by District Magistrate, Baramulla on Masarat Alam Bhat
J&K High Court Bar Association Srinagar, strongly condemns the slapping of 37th detention order under Public Safety Act issued by District Magistrate, Baramulla on Masarat Alam Bhat and describes the same as a gruesome violation of human rights and a blatant breach of his fundamental rights, as also a misuse of the power under the Act.
The Bar Association feels that at a time, when the Letters Patent Appeal filed by the detenue against the dismissal of his Habeas Corpus Petition filed against the 36th order of detention was pending before the Division Bench of the High Court, passing of yet another order of detention, without there being any fresh material available with the detaining authority, besides being malafide, is a sheer abuse of authority and power and deserves to be denounced by one and all.
The Bar Association also condemns the shifting of 15 Kashmiri detenues from District Jail Kathua to District Jail Karnal, Haryana, by the State Govt, as was brought to its notice by Bashir Ahmad Chashoo F/O Umar Bashir Chashoo R/O Khanyar, at present Zewan, Srinagar, who too had been detained under the Public Safety Act and had been lodged at District Jail Kathua and as his father had gone to see him in Kathua Jail on 15.11.2018, he was told by the jail authorities that he alongwith 14 more Kashmiri detenues have been shifted to District Jail Karnal, in terms of the recent amendment made to the Public Safety Act by the Governor Administration.
The Bar Association maintains that a person detained under the Preventive Law, has to be lodged in a jail near his home, as has been authoritatively pronounced by Hon’ble Supreme Court of India in case titled A.K. Roy v. Union of India (AIR 1982 SC 710), so as to enable him to receive food from his home and to interact with his friends, relatives and family members frequently and while in jail, but it is in violation of the aforesaid law, that Kashmiri detenues, who are also facing trial in courts located in Kashmir Province, are lodged in jails outside Kashmir valley to make their production in the courts impossible and now by their shifting to District Jail Karnal, Haryana, there is no possibility of they being produced before the courts in Kashmir Province and thus, in the process, their right of speedy and fair trial stands defeated.
The Bar Association also castigates the filing of the charge-sheet against Asiya Andrabi, Fahmeeda Sofi and Nahida Nasreen, in a court at Delhi and terms the same as an act of vendetta, as also politically motivated, as all the three women activists are innocent but have been arrested and detained in High Security Wards of Tihar Jail, to force them to succumb to the pressure tactics adopted by Govt. of India and its agencies, which is highly deplorable being contrary to all International Laws, guaranteeing the right to protest and seek the fulfilment of the obligations arising out of international agreements/covenants, which are awaiting their implementation for the last 70 years.
Meanwhile, in a condolence meeting held here today, in the High Court Complex, Srinagar, the death of the wife of the brother of Abdul Hamid Dar, Advocate, resident of Chokpora Nowgam, was condoled and while offering Fateh to the deceased, the Bar members prayed to Almighty Allah to rest her soul in peace and give courage and fortitude to the bereaved family to bear the loss.