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Under Public Safety Act (PSA) not an extension of Qayoom’s detention beyond 6th August was stated to Supreme Court by Solicitor General Tushar Mehta.
In August 2019, when Article 370 of the Indian Constitution prohibited removing a long time special status of the state of Jammu & Kashmir. Along with many Qayoom was also arrested on the same intervening night. The petition later detailed several FIRs against Qayoom between 2008-2010. Therefore, on May 29, the High Court ordering the detention of Qayoom referring to the argument of Advocate General DC Raina:
“ideology nourished and nurtured by the detainee cannot be confined or limited to time to qualify it to be called stale or fresh unless the person concerned declares and establishes by conduct, and expression that he has shunned the ideology.”
Main Abdul Qayoom, President of Jammu & Kashmir Bar Association was told by the center on 27th July to exhaust any forms of further detention beyond August 6 to the apex court.
The bench consisted of three – members Justice Sanjay Krishan Kaul, Justice Ajay Rastogi, and Justice Aniruddha Bose who heard the detention plea filed.
Qayoom’s representative Senior counsel Dushyant Dave upon his submission raised the issue further detention of Qayoom would violate his fundamental rights resulting in ‘illegal detention’. Along with Dave, Advocate Vrinda Grover with Advocates Soutik Banerjee and Aakarsh Kamra argued the release aforesaid decision of the J&K government in denying extension of his detention.
Earlier when Supreme Court inquired the authorities of the continuance of Qayoom’s detention, the same got delayed due to a lack of necessary instructions and documentation by the authorities. The apex court questioned the current COVID-19 situation affecting the old aged Qayoom’s health adversely.
"These are COVID-19 times and he (Qayoom) is 73 with his period of detention is about to be expired. So please look into this, Solicitor."
- The Supreme Court had said on July 15.
Further Solicitor General Tushar Mehta representing the Jammu and Kashmir government seek for ten days to submit his response on behalf of authorities who challenged the Habeas Corpus plea rejection by the Jammu & Kashmir High Court.
During the 27th July hearing, new materials were submitted before the three-member bench which contends during the appellate proceedings of the High Court failed to deliver its decision of detention without relying upon the necessary material presented by detaining authority. Many crucial elements and facts: case diaries, police dossier, and many others on which the decision was given by the High Court were not supplied to the Petitioner by the detaining authority earlier to his detention.
The proceedings stand vitiated, the detention order is violative and the High Court decision was unstable in law.
The apex court further asked SG Mehta to take further instruction on immediate bail for Qayoom before the expiry of his detention period. The same to be heard on July 29.
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