JK High Court quash detention of senior Hurriyat leader Aziz

Srinagar, Aug 7 (UNI) Directing authorities to set free senior separatist leader Sheikh Abdul Aziz, Jammu and Kashmir High Court described the detention order of Peoples League chief as ''non- application of mind''.

A single Bench comprising Justice J P Singh quashed the detention and directed the state to release him forthwith.

Justice Singh gave the directions after perusal of record and hearing arguments from both sides.

On February 12, 2005 Aziz was arrested by the Special Cell of Delhi police and booked under section 489 on the charges of possessing fake currency. Later, he was shifted to the Tihar Jail and a challan was presented against him in Delhi's Tees Hazari court.

He was granted bail on December 13, 2006, by the court, a order copy of which was served to Tihar jail authorities.

However, he was not released but produced before the designated TADA court in Srinagar on December 27, 2006.

Aziz was rearrested by the Counter Intelligence Jammu.

The District Magistrate Pulwama passed detention order against Aziz which stated that he was a supremo of Peoples League, which had played a lead role in creating of Hurriyat Conference headed by Syed Ali Shah Geelani.

Mr Geelani at a press conference challenged the states accession with the Union of India and asked for third party intervention in resolving the Kashmir issue, it said.

''Your activities are prejudicial to security of State and maintenance of the Public order so you are detained under section 8 of PSA for 24 months'', the order of the DC Pulwama added.

Aziz's Peoples League had left the Hurriyat Conference immediately after his arrest in Delhi.

However, the order was challenged on the grounds that a detenue could not be detained on grounds that his activities are prejudicial to the security of the state and public order.

The counsel of Aziz referred to Ghulam Muhammad Shah versus State judgment of the Supreme Court and argued that a detenue could be detained either on grounds that his activities are prejudicial to security of the State or his activities are prejudicial to maintenance of public order.

Aziz cannot be detained on these two grounds at the same time, the counsel added.

The court after hearing the arguments and perusal of records quashed the order describing it as ''non-application of mind''.

UNI