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PSA against J&K bar association chief: Police register FIR over social media criticism of HC verdict

ShaheedGanj police had received information from reliable sources that certain comments have been uploaded on social media in respect of a recent judgment passed by the division bench of the HC, in a case titled as Mian Abdul Quyoom vs Union Territory of J&K and others, dismissing the habeas corpus petition.

Updated on: Jun 7, 2020, 20:07:56 IST
Hindustan Times, Srinagar | By , Srinagar
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The Jammu and Kashmir police have registered a case against unknown persons who according to them has criticised a recent judgment on social media which was passed against J&K High Court Bar Association president, Mian Abdul Qayoom.

HT Image
HT Image

ShaheedGanj police had received information from reliable sources that certain comments have been uploaded on social media in respect of a recent judgment passed by the division bench of the HC, in a case titled as Mian Abdul Quyoom vs Union Territory of J&K and others, dismissing the habeas corpus petition.

“It Prima-facie reveals that the comments so uploaded on social media had been made with the intention not only to disrepute the HC but also causing disharmony in the general public and thereby making an attempt at dissuading them from reposing faith in the institution of judiciary. The comments are also aimed to push the miscreants to cause public disorder in the society,” the statement said adding that case has been lodged under the relevant sections of law. “Further investigation has been initiated in the case,” the statement said.

Last month the HC had asked incarcerated Qayoom if he would like to shun his ‘secessionist’ ideology and then left it to the government to take a decision after such a representation.

While dismissing an appeal by Qayoom against his detention under Public Safety Act, the division bench of the court comprising justices Vinod Chatterji Koul and Ali Mohammad Magrey endorsed the stand of advocate general that the FIRs and the grounds of detention against Qayoom depict and relate to the secessionist ideology of the detainee.

“While addressing his arguments on the ideology nourished and nurtured by the detainee, the learned advocate general submitted that such ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless, of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology (emphasis supplied),” the court had said.

The justices also had left it to the discretion of the government or the concerned authorities to take a decision in terms of the relevant provision(s) of the J&K PSA on any such representation, if made, by the detainee.