The Hindu : National : J&K response on detenu re-arrest sought

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Thursday, Sep 09, 2004

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National

J&K response on detenu re-arrest sought

By Our Legal Correspondent

NEW DELHI, SEPT. 8. The National Human Rights Commission has called for the comments of the Chief Secretary and the Director-General of Police of Jammu and Kashmir on the allegations contained in a newspaper report of a Public Safety Act (PSA) detenu being freed and rearrested, within two weeks.

The news item "PSA detenu freed, re-arrested" appearing in a national daily on August 22 said Naek Mohammad — a handicapped person was arrested by STF personnel in April 2003 in Lal Chowk when he had gone there for treatment of his amputated left leg.

An FIR was registered after showing recovery of two Chinese grenades, one detonator and Rs.9, 650. Later, he was booked under the Arms Act.

The Judicial Magistrate, Small Causes Court gave him bail and ordered his release on July 30, 2003. However, he was not let out since he was booked again under Public Safety Act (PSA) on August 30, 2003. After this, on a petition challenging his detention, the High Court quashed all the cases against him.

On August 21, when the Sadar Court Judge ordered his release, the Jammu and Kashmir personnel rushed within no time and tried to re-arrest him. The advocates, who protested the re-arrest, were manhandled by the police and were detained in the court premises till night. Later he was whisked away.

The NHRC Chairperson, Justice A.S. Anand, observed that if the contents of the report were true, it raised serious issues of violation of human rights and hence the Commission sought the response of the State Government.

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