Hindustan Times (Amritsar)

J&K HC dismisses plea challengin­g Bar body chief’s detention

- Ashiq Hussain ashiq.hussain@htlive.com

SRINAGAR: The Jammu and Kashmir high court on Friday dismissed a petition challengin­g the detention of its bar associatio­n president Mian Abdul Qayoom under the Public Safety Act (PSA).

Qayoom’s detention under the PSA, which was to expire on Friday, has been extended by another three months.

“Justice Tashi Rabastan has dismissed the petition which had challenged the detention of Qay- oom in August. There has been no relief,” said his counsel Zafar Shah.

“A law of preventive detention is not invalid because it prescribed no objective standard for ordering preventive detention and leaves the matter to subjective satisfacti­on of the executive,” the court observed.

The court said the subjective satisfacti­on of a detaining authority to detain a person or not is not open to objective assessment by a court. “A court is not a proper forum to scrutinise the merits of administra­tive decision to detain a person. The court cannot substitute its own satisfacti­on for that of the authority concerned and decide whether its satisfacti­on was reasonable or proper, or whether in the circumstan­ces of the matter, the person concerned should have been detained or not,” the judge observed.

Qayoom has been a renowned lawyer in Kashmir and has headed the bar associatio­n multiple times, latest being since 2018.

Qayoom’s nephew, Mian Mufaffar said that he was handed over another PSA order on Wednesday dated February 3, though his earlier detention order was expiring on February 7. “It is unfortunat­e that the petition was dismissed. His health is very grave. We don’t think he will survive another three months in jail,” he said.

Qayoom was detained from his house in Srinagar on August 5 ahead of the abrogation of Article 370.

 ??  ?? Mian Abdul Qayoom
Mian Abdul Qayoom

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