Police refuse to release detainee despite court orders

Distraught mother’s Eid wish, her ‘illegally’ detained son’s release
Rising Kashmir Sept 30

Wasim Khalid
Srinagar, Sep 27: Asha Begum, 65, beseeches help from authorities for the release of her detained son Meharj-ud-Din Mir who is languishing in the custody even though Jammu Kashmir High Court his detention more than two months ago.
“I am begging authorities to release my son this Eid. I am exhausted by frequent visits to courts and higher police officials for his release from illegal detention,” Asha said with tears in her eyes.
Narrating her ordeal, the distraught mother hailing from Rudbugh, Beerwah said her son fled home in 2001 never to return.
“He was only 18 then and was studying at a school in Magam. I have never seen him since then. Six years later, police claimed to have arrested him from south Kashmir on October 7, 2007. He was then sent to Central Jail Srinagar,” she said.
Asha said a police case registered in Beerwah police station against Meharj-ud-Din alleging him to be a militant was already cleared.
“The case was registered under Indian Arms Act. Sessions court Budgam granted him bail on February 15, 2008. As my son was about to be freed after six months, the Counter Intelligence Kashmir (CIK) arrested him again inside the jail premises after which Public Safety Act (PSA) was slapped against him.
The police in their report alleged that Meharj-ud-Din alias Rizwan-ul-Haq, son of Muhammad Shaban Mir of Rudbugh, Beerwah, Budgam was an IED expert and had crossed LoC to get the arms training. The police further alleged that huge cache of arms and ammunition was recovered from his possession.
“He was then shifted to Kotbalwal jail for about four months but was shifted back to Srinagar Central Jail since he had to appear in matriculation examination. In the meantime, the High Court quashed the PSA and ordered to set my son free in its July 15, 2008 order sheet,” Asha said.
The High Court order sheet in its clause 3 reads, “ The order of detention bearing No DMP/PSA/3/ dated 16-02-2008 is quashed with further direction to the respondents to release the person of Mehraj-u-din Mir, s/o Muhammad Shaban Mir of Rudbugh, Beerwa in district Badgam forthwith unless required in any other case.”
However, Mehraj-u-din is still languishing in the prison.
“After his release order, my son was taken by CIK. They kept him for 50 days. From there he was shifted to police station Nowgam. He is still there and police is refusing to release him,” she said.
She added that along with her husband she pleaded before the police officials to release their son, but to no avail.
“SSP says he is a militant and they cannot release him,” she said.
“We have approached courts and followed legal procedures. But the stubborn security officials have flouted the court orders also. We are facing economic crisis making it unaffordable for us to follow the case. My son lives separately. And my lone daughter feeds me and her blind father by shawl weaving. The daily visits to courts and offices of concerned authorities have drained us completely and I do not know if I could see my son ever,” Asha added.
Speaking to Rising Kashmir, senior advocate Shafaqat Hussain said thousands of such cases are pending in Kashmir where prisoners have been jailed without remand.
“Routinely the CIK present inside the jail arrests the person again after PSA against him is quashed,” Hussain said.
“In Mehraj-u-din’s case, we challenged the PSA in petition HC 52/08 where the honorable court quashed the order and directed his release. He has been earlier cleared by the Court Indian Arms case. There was no case pending against him. However, police took him into custody and kept him at police station Nowgam,” he said.
“This is illegal detention. According to law, a person cannot be kept in custody for more than 24 hours in police station. They have to produce court remand within the stipulated time. But here the state flouts court orders and keeps people illegally confined for months together,” Hussain added.