The High Court of Jammu Kashmir and Ladakh orders the release of Umar Aijaz Mir, a 27-year-old from Bandipora, held under PSA in Bareilly Jail, UP. The case, marked by stone-pelting charges and a grenade discovery, highlights concerns over the application of the stringent Public Safety Act.
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SRINAGAR: On 4th March, the High Court of Jammu Kashmir and Ladakh has mandated the release of a 27-year-old man from North Kashmir’s Bandipora, who was being held at Barely Jail in Uttar Pradesh under the stringent Public Safety Act (PSA). This case has drawn considerable attention due to the circumstances surrounding the arrest and detention of the individual, Umar Aijaz Mir.
Mir, who has been embroiled in legal troubles since 2016, faced charges primarily related to stone-pelting incidents. The police had filed six First Information Reports (FIRs) against him, leading to his arrest in 2022. The authorities claimed to have found a grenade in Mir’s possession, a discovery that led to the invocation of the Public Safety Act against him, a law often criticized for its harsh provisions and potential for misuse.
The legal battle for Mir’s release took a significant turn when his counsel, Advocate Bashir Ahmed Tak, presented his arguments before the court. Tak contended that the cases against Mir were “frivolous” and lacked substantial evidence. He highlighted that a youth, who was a “co-accused” alongside Mir during the 2022 arrest, had already been released, suggesting inconsistencies in the application of justice.
The court, led by Judge Rahul Bharti, carefully reviewed the details of the case, including the nature of the charges and the evidence presented. In a landmark decision, the court found the preventive detention order, numbered 14/DMB/PSA of 2022 and dated May 19, 2022, issued by the District Magistrate of Bandipora, to be illegal. Judge Bharti’s ruling emphasized the importance of legal scrutiny and the protection of individual rights against arbitrary detention.
As a result of the court’s decision, Umar Aijaz Mir is to be released from the Central Jail Kot Bhalwal in Jammu or any other facility where he might be held due to the now-quashed detention order. This ruling not only affects Mir and his immediate future but also sets a precedent regarding the application of the Public Safety Act and the legal safeguards against wrongful detention.
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The case of Umar Aijaz Mir sheds light on the complexities and challenges of the legal system in Jammu Kashmir and Ladakh, especially in the context of the Public Safety Act. It underscores the critical role of the judiciary in upholding the principles of justice and fairness, particularly in cases where the grounds for detention are questioned.