Excelsior Correspondent
Srinagar, Feb 7: The High Court today upheld the detention of ailing High Court Bar Association president, Mian Qayoom under Public Safety Act since August last year.
The HC dismissed the plea challenging his detention and said the matter lies within the competence of Advisory Board.
The senior lawyer Zaffar Shah told Excelsior that they will challenge the order before Higher Court.
District Magistrate, Srinagar had passed the order of detention under no.DMS/PSA/105/2019 dated 7th August 2019 under which Qayoom was placed under preventive detention, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. It may be mentioned here that his detention under PSA has been extended by six months yesterday.
He was lodged in Agra Jail in UP but was recently shifted to Tihar Jail after he suffered heart attack.
Aggrieved of the earlier order petitioner-Qayoom challenged it on various grounds including the grounds of detention are vague, indefinite, uncertain and baseless as also ambiguous and lack in material particulars and essential details, which has rendered detenu unable to make an effective representation against his detention to appropriate authority.
Justice Tashi Rabstan after hearing a battery of lawyers on behalf of petitioner-Qayoom and UT counsel B A Dar (Sr AAG) dismissed the petition by recording the same sans merit.
Justice Tashi in an elaborated judgment said, to sum up, 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 reason for this view is that preventive detention is not punitive but preventive and is resorted to with a view to prevent a person from committing activities regarded as prejudicial to certain objects that the law of preventive detention seeks to prescribe”, read the judgment.
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