Srinagar, July 23 (KMS): In occupied Kashmir, the High Court has quashed the illegal detention of two elderly persons booked under draconian law, Public Safety Act.

60-year-old Abdul Majid Rathar and 55-year-old Muhammad Yousuf Ganai were arrested on the charges of stone pelting after the repeal of special status of occupied Kashmir by Modi government on August 05, last year. They were later booked under the PSA and detained at Agra jail in the Indian state of Uttar Pradesh.

The detention orders were quashed by a Single Bench of Justice Tashi Rabstan through a video conference that had earlier reserved its verdict in these two separate habeas corpus petitions on behalf of his clients by Advocate Bashir Ahmed Tak.

Justice Tashi Rabstan had heard the arguments and counter arguments on 7th July and he quashed the detention of both elderly persons on Wednesday on the grounds that both the persons were not provided any material with regard to their detentions and have been booked under old FIRs.

Advocate Bashir Ahmed Tak told media that 60-year-old Abdul Majid Rather from Archanderhama Pattan area of Baramulla district was arrested on 5th August, 2019. He said that the subject was booked on charges of stone pelting under two old FIRs registered against him in 2016 and was accused of helping the All Parties Hurriyat Conference.

“The subject is an elderly person, physically very weak and can’t be involved in stone-pelting. I argued in the court through a video conference. The subject is a fruit grower and innocent,” Tak said.

The High Court quashed his detention and directed the authorities to release him. The subject was detained by police station Magam.

The court of Justice Tashi Rabistan also quashed the detention of 55-year-old Muhammad Yousuf Ganai, a resident of Kurhama Ganderbal. Muhammad Yousuf Ganai was booked by police station Kheer Bhawani on 7th August 2019 in a year old case registered against him. He was booked under the PSA and shifted to Agra Jail.

Tak while arguing Yousuf’s petition submitted before the court that his client is an elderly person who has never gone to school. He further submitted that the grounds of detention were never supplied to his client or read to him by the authorities in the language which he could have understood.

The High Court considered these submissions and accordingly quashed the PSA detention order passed against Muhammad Yousuf Ganai. KMS—2M


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