Cong in a Bind as Tables Turn in Alam Case

[micky]

By Yatish Yadav

Published: 11th March 2015 05:59 AM

Last Updated: 11th March 2015 05:59 AM

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NEW DELHI:The grand old party, which had flayed the BJP-NDA Government for the release of hard-line separatist Masrat Alam, is likely to find itself on a sticky wicket, even as allegations that the ground for the move was set while the erstwhile Cong-NC Government was in power in J&K. The Congress had demanded an answer from Prime Minister Narendra Modi, saying he was privy to J&K Chief Minister Mufti Muhammed Sayeed’s plans to free .

Interestingly, the then state government had failed to secure Masrat’s detention under the Public Safety Act (PSA). Former Chief Minister Omar Abdullah in a tweet on March 7 said, “Masrat was the chief architect of the 2010 protests.” Omar, however, did not reveal that his government had got the separatist’s detention approved in September-October in connection with the PSA case.

The documents sent to the Ministry of Home Affairs (MHA) and the missives between the J&K Home Department and District Magistrate reveals that the last detention order against Masrat under the PSA was issued on September 24, when the Congress-NC combine was in power.

The order had to be confirmed by the Home Department of the state government within 12 days of being passed, but failing to do so within the stipulated period had rendered it invalid in the eyes of the law. The J&K state government on March 9 had sent a note to the MHA listing the PSA order against Masrat. The latest and 8th order under the Act was issued on September 24. On March 10, 2015, two letters surfaced in the public domain indicating that Masrat’s release was approved in February during the Governor’s Rule in the state. The first letter, written by the Additional Secretary of the J&K Home Department on February 4, states that the state government could not approve of Masrat’s detention order of Septmeber 2014 as it was received 23 days after the order was passed.

Quoting the opinion of the Department of Law, Justice & Parliamentary Affairs, the letter sent to District Magistrate, Jammu, said, “The period of 12 days in the case has already elapsed, as such the detention order has become non-est in the eyes of the law. However, a fresh order can be issued for the detention after following the procedure prescribed in the Act and directions of the Supreme Court,” Additional Secretary, J&K Home Department, had stated.

The matter also raises question on whether the MHA was kept in the loop when the release process was set in motion during the Governor’s Rule.

The District Magistrate’s letter, dated March 7, just six days after Mufti was sworn in as Chief Minister, ordered the release of Masrat.

The missive, quoting the state Home Department said, “The order of preventive detention of Masrat Alam Bhat S/O Abdul Majid Bhat, R/O Zainadar Mohalla, Srinagar has not been approved by the government.”

The J&K government in its report to the MHA had said, “There are no fresh grounds for booking him (Masrat) under the PSA.”