J&K Bar Association Prez Mian Abdul Qayoom will be released on Aug 6 on expiry of his detention, Centre tells Supreme Court

The Centre today told the Supreme Court that the detention of Jammu & Kashmir Bar Association President, Mian Abdul Qayoom, will not be extended after August 6 when his current detention period expires. (Mian Abdul Qayoom vs Union of India).The Bench of Justices Sanjay Kishan Kaul, Ajay Rastogi, and Aniruddha Bose took up the plea filed by the Jammu & Kashmir Bar Association President today. .Solicitor General Tushar Mehta told the Supreme Court today that Qayoom's detention under the Public Safety Act (PSA) will not be extended beyond August 6, when it is due to expire..On this submission by Mehta, Senior Counsel Dushyant Dave, representing Qayoom, raised the issue of "illegal detention" of Qayoom being in violation of his fundamental rights. Dave along with Advocate Vrinda Grover, argued that Qayoom must be released forthwith, more so now in light of the government's decision not to extend his detention period..The Court asked SG Mehta to take instructions on whether Qayoom can be released on bail forthwith for the remainder of his detention period and has fixed the date for hearing on July 29..Earlier, the Court asked the authorities if Qayoom's continued detention was required and later, the matter was yet again deferred for want of instructions when Court was told that the authorities were in the process of taking a decision on Qayoom's detention..This question was posed by the Court in light of the fact that Qayoom's detention was nearing its expiry and taking into account his old age and the apprehension of the COVID-19 pandemic.."These are COVID-19 times and he (Qayoom) is 73 with his period of detention is about to be expired. So please look into this, Solicitor."The Supreme Court had said on July 15."He is 73, his period of detention about to expire", Supreme Court asks J&K govt if Mian Abdul Qayoom's detention is required amid COVID-19.Solicitor General Tushar Mehta had sought a further period of ten days to file a response on behalf of the authorities on Qayoom's petition challenging the decision of Jammu & Kashmir High Court, which rejected his Habeas Corpus plea. .On May 29, the Jammu & Kashmir High Court set aside Qayoom's habeas corpus plea and upheld his detention under the controversial Public Safety Act (PSA). The High Court had accepted the argument that the senior lawyer should “declare and establish” by his conduct that he has “shunned his separatist ideology”..Alleged secessionist ideology is like a live volcano: J&K HC upholds 2019 PSA detention of J&K HC Bar Association President Mian Qayoom.In its order, the High Court had referred to the argument of Advocate General DC Raina that the “ideology nourished and nurtured by the detainee cannot be confined or limited to time to qualify it to be called stale or fresh, unless the person concerned declares and establishes by conduct, and expression that he has shunned the ideology.”.Qayoom was one of the many people who had been detained back in August last year, when Article 370 of the Constitution of India was abrogated and the special status of the erstwhile state of Jammu & Kashmir was revoked.He was arrested by the Jammu & Kashmir Police on the intervening night of August 4 and 5, hours before the Centre's move.The petition states that the detention order was upheld on the basis of four FIRs registered against Qayoom between 2008 and 2010..Further, the plea also contends that fresh material was placed before the High Court during appellate proceedings and this material was not relied upon by the detaining authority while issuing detention order against Qayoom. Therefore, based on the new material, the detention order ought not be upheld. To this extent, the High Court's order is unsustainable in law, according to the petitioner..Many of the facts and materials - including police dossier, case diaries, among others - that were relied on by the detaining authority were also not supplied to the petitioner. On these grounds, the detention order and proceedings stand vitiated, the petition adds further..The old age of Qayoom, his vulnerability to COVID-19, and the rising number of Coronavirus cases have also been listed as grounds for allowing the petition..Qayoom is represented by Senior Advocate Dushyant Dave, Advocate Vrinda Grover with Advocates Soutik Banerjee and Aakarsh Kamra while Solicitor General Tushar Mehta argued for the Jammu & Kashmir government.