‘Secessionist ideology cannot be confined or limited to time’
Srinagar: The Jammu and Kashmir High Court, on Thursday, upheld the detention of High Court Bar Association president Mian Abdul Qayoom, under the Public Safety Act (PSA), saying that ‘secessionist ideology cannot be confined or limited to time’.
The court of Justice Ali Mohammad Magrey and justice Vinod Chatterji Koul upheld the detention saying that the ‘detaining authority has applied its mind while passing the detention order.
Referring to cases registered against Milan Qayoom, the judgement reads, “the examination of cases registered against him reveals that despite holding a responsible position of Bar Association President he willfully and actively indulged in unlawful activities and instigated the people for violence thereby disturbing the public order.”
The court while dismissing the Letter Patent Appeal (LPA) said that it has taken note of the judgement of the Supreme Court cited by the Bar and endeavored to abide by what courts are ordained to do.
The court took note of Para 37 of judgment, where Advocate General submitted:
The FIRs and the grounds of detention depict and relate to the secessionist ideology of the detenue, entertained, developed, nourished and nurtured by him over decades, which subserves disturbance in public order by the fringe elements in the Society, particularly the immature youth, who are susceptible to excitements. Such ideology nourished and nurtured by the detenue is not and 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.
“In view of various decisions taken by the Union Government on August 5, 2019, there is every likelihood/apprehension that subject will instigate general public to resort to violence which would disturb public peace and tranquility and create circumstances which would disturb maintenance of public order,” the judgement reads.
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