Early Times Report
srinagar, Dec 1: Observing that a minor cannot be booked under Public Safety Act, the State High Court has held as unsustainable the detention order under the legislation against a juvenile from Anantnag district of south Kashmir.
Hearing a petition from the juvenile, Tanveer Ahmad Bhat of Mattan Anantnag, a single bench of the court comprsing Justice Muhammad Yaqoob Mir made it clear that a Juvenile cannot be booked under Public Safety Act.
The court's observation followed submissions by counsel for the minor that his client being below 18 years of age could not be detained in view of clear bar envisaged by section 8(3)(f) of the Act.
Clause (f) of the Act, the counsel said, explicitly makes it clear that a person shall not include a citizen of India who has not attained age of 18 years for being detained under clause (a) and (a-b) of the Act.
"The order of detention on such count is liable to be quashed," the court said, and quashed the detention order (32/DMA/PSA/DET/2016) passed by district Magistrate Anantnag against Bhat on 24 August this year. Additional Advocate General, representing the government informed the court that during pendency of the petition, the order regarding Bhat's lodging in Juvenile Home was complied with.
"The order of detention has been passed on August 24 and executed on August 29, which would mean three months period has already expired," the court said, observing the order has already outlived.
It also pointed out that Bhat was taken into preventive custody for having acted prejudicially to the maintenance of public order for which initially the detention period has to be three months extendable up to 12 months.
"Therefore, keeping in view the entire facts and circumstances, the order has outlived, even otherwise is unsustainable as being against law," the court said.
It, however, held that Bhat's custody, presently lodged in Juvenile Home, shall be governed by the Court of competent Jurisdiction with regard to FIRs bearing numbers: 46/2016, 50/2016, and 55/2016, registered in police station Mattan against Bhat. |
