SRINAGAR, May 28: The High Court today dismissed the appeal of High Court Bar Association president Mian Abdul Qayoom and upheld his detention order passed under Public Safety Act last year and left it open for the Government to consider his release if any application is made by the detenue for releasing him on parole in view of his health conditions.
Qayoom had appealed against the judgment of writ court whereby his plea for quashing his detention was turned down on February 7 this year and his detention was upheld. He was detained on August 7 last year under detention order dated DMS/PSA/105/2019 passed by District Magistrate Srinagar with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.
The Division Bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul in their detailed judgment said there is no merit in the appeal and accordingly dismissed the same and upheld the detention order.
“Principally saying, we have taken note of the judgments of the Supreme Court cited at the Bar and endeavored to abide by what the courts are ordained to do and we already discussed and reached definite conclusions on the numerous points on the basis of the settled law”, DB said.
On the submission of counsel for appellant for revoking the detention or releasing the detenue on parole in view of his health conditions, DB said, as the appeal has been dismissed and cannot make any direction of the nature sought by the appellant for releasing him on parole but left it to the detenue to make a representation to that extent to the authorities.
Simultaneously DB left it open for the discretion of the Government to take decision on such representation made by the applicant-Qayoom in terms of relevant provisions of the Act. “It is made clear that an adverse order on any such application, if made, shall not entail any legal proceedings, whatsoever”, DB said and directed the Registry to send a certified copy of the judgment to the Principal Secretary, Home in this regard.
Pertinent to mention here that the writ court had dismissed the petition of Qayoom with the conclusion that the matter lies within the competence of Advisory Board and the Court does not sit in appeal over decision of detaining authority and cannot substitute its own opinion over that of detaining authority when grounds of detention are precise and proximate.