Lawstreet Journal

J&K HC Dismissed Habeas Corpus Writ Petition Of Bar Council President Miyan Qayoom

Lawstreet Journal 9 Feb 2020 3:32am

Image courtesy: Lawstreet Journal Judiciary J&K HC Dismissed Habeas Corpus Writ Petition Of Bar Council President Miyan Qayoom

On February 8, 2020 Jammu & Kashmir (J&K) High Court (HC) Justice Tashi Rabstan dismissed Habeas Corpus writ by Mr Miyan Abdul Qayoom, President of J&K High Court Bar Association, Srinagar. Qayoom was detained under J&K Public Safety Act, 1978, 2002 on August 5, 2019, to prevent him from creating public disorder. 

Petitioner challenged District Magistrate (DM), Srinagar, order dated August 7, 2019 which placed him under preventive detention. He stating in his petition that DM “without application of mind and without going through the grounds of detention” had issued such order. He is under preventive detention from August 5, 2019, when central government repealed Article 370, which provides special status to Jammu & Kashmir

The HC said that it cannot question administrative action. Since preventive detention is not punitive action. As preventive detention is an action to be taken to prevent any harmful activity from happening. As action has not taken place, it will be tough for executives to present any solid proof. This type of actions does not require proof because if judiciary sets parameters for such type of actions then executive will not be able to perform their duty properly and in freely. The court also quoted Greek thinker Sophocles and said, “Law can never be enforced unless fear supports them.”

“Having said that, subjective satisfaction of the detaining authority to detain a person or not is not open to objective assessment by a court. A court is not a proper forum to scrutinize the merits of administrative… Continue Reading...


Tagged: jammu and kashmir   Jammu and Kashmir Government   Jammu & Kashmir  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com