‘Explain basis of detaining bar leader post-psa order expiry’

NEW DELHI: The Supreme Court on Wednesday asked the Jammu and Kashmir administration to explain the basis for detaining high court’s bar leader Mian Abdul Qayoom who has challenged his detention under Public Safety Act (PSA) since August 7 last year. The top court asked it to take into consideration various aspects including Qayoom’s age, expiry of detention period and the Covid-19 pandemic.

A bench of justices Sanjay Kishan Kaul and Indu Malhotra posted the matter for July 23 after Solicitor General Tushar Mehta, appearing for J&K, said he needs 10 days time to consider various aspects.

“We want to know on what basis you (J&K administration) would like to detain him in Delhi’s Tihar Jail. Moreover, his detention as per order has already expired,” the bench said.

Justice Kaul told Mehta that firstly his detention period has expired and secondly his ideology remains the same. Dave pointed out that Qayoom is 73 and should not be kept in Tihar jail. “In the current scenario of pandemic would you like to keep this petition pending,” the bench told Mehta, who said that Qayoom’s ideology remained the same. The bench said it understands all these issues but sometimes there are compulsions which need to be complied with.

It told Mehta that he should respond by next date considering Qayoom’s age, expiry of his detention order and the Covid-19 times. Qayoom has also sought a direction to shift him from Tihar jail here to central jail in Srinagar on medical ground.

He has challenged the May 28 order of the Jammu and Kashmir high court rejecting his plea against his prolonged “illegal detention” under the PSA in jails outside the UT.