Govt agrees to release Mian Abdul Qayoom immediately

Satya Prakash
Tribune News Service
New Delhi, July 29 

The Union Government on Wednesday agreed to the Supreme Court’s suggestion to immediately release Kashmir Bar Association President Mian Abdul Qayoom, who has been detained under the J&K Public Safety Act since the nullification of Article 370 on August 5 last year.

Following Solicitor General Tushar Mehta’s statement, a Bench headed by Justice Sanjay Kishan Kaul ordered Qayoom’s release with the conditions that he will remain in the national capital till August 7 and will not issue any public statements till then.

Mehta agreed to the suggestion of senior advocate Dushyant Dave, representing Qayoom, that he should be set free on Thursday and his family should be allowed to receive him.

Qayoom’s detention was due to expire on August 6 and the Centre had on Monday told the top court that it won’t be extended further.

As Qayoom’s advocates demanded his immediate release, the top court had asked Mehta to seek instructions as to if Qayoom could be released on bail before the expiry of his detention period on August 6.

On July 23, Mehta had said the issue Qayoom’s release was under consideration of the authorities concerned.

Qayoom—who suffers from many ailments—has been under detention since August 5, 2019, following the nullification of Article 370 of the Constitution.

On May 28,  a Division Bench of the J&K High Court had dismissed his petition against his detention under the Public Safety Act.

While upholding his prolonged detention, the high court had suggested that he should submit a representation declaring that he had “shunned” his ideology. Then the government authorities would exercise their discretion “to take a decision” on any such representation, it had said.

On July 15, the Supreme Court had sought to know the basis of Qayoom’s continued detention under the J&K Public Safety Act.

“These are COVID19 times…He is 73 years old. We want to know on what basis you would like to detain him in Delhi’s Tihar (Jail)? Moreover, his detention period per order is about to expire,” the Bench had told Mehta.

On June 26, the top court had issued notice to J&K Administration on Qayoom’s petition challenging the May 28 order of the J&K High Court upholding his detention under the Public Safety Act, 1978.

It had directed the authorities to provide him summer clothing and daily essentials in Tihar Jail where he is currently lodged.