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Should detention be continued if ideology remains same?

Jammu and Kashmir High Court Bar Association President Mian Abdual Qayoom was is about to complete his detention period on 7th August,2020. The Supreme Court today has asked the government of Jammu and Kashmir if the detention was required as the expiry of the same is near.

The petition challenged to prevent detention of Qayoom by upholding the decision of the Jammu and Kashmir High Court. The bench was headed by Justices Sanjay Kishan Kaul and Indu Malhotra today.

Ten more days period is been requested in order to file a response by the petitioner Solicitor General Tushar Mehta. The respondent advocate Dushyant Dave has pleaded under writ of Habeas Corpus that Qayoom is 73-year-old of age and has been prison for almost a year now. During the covid-19 pandemic, it is better to take into account of his old-age and spread of the virus and not to extend the detention period. In addition, the detention was held for FIR against the petitioner dated as back as 2010 which were baseless and he was taken to prison of Agar with intimation. 

Qayoom has been detained under provisions of Section 107 read with 151 of the Jammu and Kashmir Code of Criminal Procedure and it has been prolonged by provision of the J&K PSA,1978.

 The order of the Respondents had been challenged by Qayoom before the Jammu and Kashmir High Court, which had been dismissed on 07.02.2020. Subsequent, an appeal was dismissed on 28TH May by the High Court.

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