Supreme Court’s three-judge bench led by Justice Sanjay Kishan Kaul- ordered Qayoom’s release taking into account his age and deteriorating health and hoped that the government will take adequate steps to restore normalcy in Kashmir. The top court remarked that Kashmir Valley is a “troubled region” and “it is time to heal all wounds and look towards the future in the region of our country”.
A bench of Justices Sanjay Kishan Kaul, Ajay Rastogi, and Aniruddha Bose asked Qayoom to adopt a more constructive approach to the future, and “the government will consider how to bring complete normalcy as soon as possible”.
The Jammu and Kashmir administration told the apex court that Qayoom would be released on the condition that he would not visit Kashmir until August 7, the day his current custody ends and he will not issue any statement.
“Before we run into the matter, we should say that Kashmir has been a troubled region. Nature is a very compassionate place. It is mankind that has been merciless. It is time to heal and see all the wounds. Our Future within the territory of the country, ”the bench said in its order.
The bench disposed of the petition given the stand taken by the Jammu and Kashmir administration and praised it for its constructive approach.
“The result of the aforesaid is that it is agreed that the petitioner will be released tomorrow i.e. on July 30, 2020, when his family members will be able to receive him and the petitioner will follow the assurance given by the learned senior. The bench said that the counsel for this court qualified to travel to the state of Jammu and Kashmir by August 7, 2020, and to issue any public statement or not.
It said that Qayoom will get the facility to celebrate Eid from the stand of the administration, which is two days. The bench said that it had asked the Jammu and Kashmir administration to consider releasing Qayoom as he is also a former president of the Kashmir Bar Association and is an old man and has several medical issues. Qayoom was detained in August last year after repealing Article 370.
During the hearing, Solicitor General Tushar Mehta said that the administration has decided to release Qayoom, which is nine days before his current custody which ends on August 7, but he will have to remain in Delhi till then.
Senior advocate Dushyant Dave, appearing for Qayoom, suggested it would be better if he is released on Thursday when his family members are there to receive him. Mehta agreed.
On July 27, the UT administration told the top court that it would not extend the current custody of the High Court bar leader beyond August 7.
The apex court then asked the J-K administration to state by 29 July that Qayoom cannot be released on bail until 7 August, the day his current detention period ends with certain conditions.
The apex court said, “We can release him on bail with certain conditions like he will not visit Jammu and Kashmir and he will not make any statement.”
On 23 July, the J-K administration informed the apex court that the issue of Qayoom’s detention was under consideration and a decision would be taken in the matter soon.
It had said that the court need not go into the merits of the case as the competent authorities would soon decide it and demand some time to take instructions on the issue.
On July 15, the apex court had asked the J-K administration to provide grounds for detaining Qayoom, who has challenged his detention since August 7 last year (PSA). The apex court had asked it to consider various aspects, including Qayoom’s age, expiry of custody, and the COVID-19 epidemic.
On June 26, the apex court issued a notice to the J-K administration and sought a response to Qayoom’s petition challenging his restraining order.
Qayoom has also demanded to instruct him to shift from the Central Jail of Srinagar to Tihar Jail here on Medical Ground. He has challenged the May 28 order of the Jammu and Kashmir High Court to dismiss his plea against his prolonged “illegal detention” under PSA in prisons outside the Union Territory.
He said that he is a senior advocate for over 40 years in the Bar and has served for several positions as the President of the J&K High Court Bar Association, including from 2014 to the present day.
Qayoom said that he was detained on the night of August 4 and August 5, 2019, under the provisions of the Jammu and Kashmir Penal Procedure Code, and after that, an order of detention under PSA was passed against him on August 7, 2019.
He said that on 8 August he was taken to the Central Jail, Agra, Uttar Pradesh without prior notice, where he was kept in solitary confinement. He said that the May 28 order of the High Court is unavoidable for the law as it is based on “stale, irrelevant, remote, obscure, impenetrable and deficient” grounds of detention.Parliamentary committee to seek unemployment insurance for most of unorganised sector workers