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Home Kashmir

High Court Quashes PSA Detention of Maqbool Bhat’s Brother

Kashmir Dot Com by Kashmir Dot Com
January 1, 2025
in Kashmir
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High Court Directs Filing of FIR Against Petitioners for Submitting False Affidavit

J&K High Court Srinagar wing (File Image)

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Srinagar: The High Court of Jammu, Kashmir, and Ladakh has quashed the Public Safety Act (PSA) detention of Zahoor Ahmed Bhat, brother of slain separatist leader Maqbool Bhat, and directed his immediate release.

Bhat, a resident of Mirpora, Thregam in Kupwara district, had been detained under the PSA since 2022 and was lodged in Karnal Jail, Haryana. The court’s decision came after Advocate Bashir Ahmad Tak, representing Bhat, argued that the detention order was arbitrary and lacked substantial grounds.

Advocate Tak contended that the allegations in the detention order were fabricated and had no factual connection to his client. He further emphasized that the grounds of detention were vague, violating Bhat’s rights to fair representation under the law. “The entire material forming the basis of the detention order was not provided to my client, rendering his representation ineffective,” Tak argued.

The authorities defended their decision, asserting that Bhat’s activities were “highly prejudicial to the security of the State” and linked to serious offences outlined in multiple FIRs. However, Justice Sanjay Dhar, after considering arguments from both sides, ruled the detention invalid.

“The detention fails to meet the legal standards required under the PSA, and the procedural safeguards appear to have been violated,” the court observed.

The High Court directed Bhat’s immediate release unless he is implicated in any other pending case.

Tags: PSA
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