Srinagar: Jammu and Kashmir High Court has quashed the detention of two minors arrested under Public Safety Act (PSA) during the present unrest in the valley.
A minor cannot be detained under PSA, a single bench of the HC, comprising Justice Ali Mohammad Magray said and directed the government that both the minors should be released immediately.
Police has arrested two minors Waheed Ahmad Gojri and Mohsain Hamid Malla for their alleged involvement in violence during the unrest. However, District Magistrate (DM), Baramulla later booked Mohsain under PSA while similar orders were passed by DM Kupwara against Waheed.
Waheed and Mohsain challenged their detention through their counsels Advocate Mian Abdul Qayoum and Advocate G N Shaheen respectively. The advocates pleaded for the release of both detenues, arguing that a minor cannot be booked under PSA.
However, when the prosecutor challenged that the arrestees are minors, the counsels produced school DOB certificates confirming that the they are minors.
Justice Magrey, quashing the detentions, held that both the arrested persons are minors as per the School Certificates which shows that they were below the age of 18 years.
The court said that such detention is not permissible in terms of Section 8 (3) (f) of the J&K Public Safety Act, 1978 in as much as Section 8 (3) (f) of the Act provides that “Person” shall not include a citizen of India who has not attained age of 18 years for being detained under clauses (a) and (a-b) thereof.
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