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ATTORNEY URGENT  ALERT

 

INDIA

 7 July 2010 

 He is being targeted because of his long-standing work in defence of human rights and his legal advocacy for the detained and disappeared in Kashmir

 

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Mian Qayoom

the President of High Court Bar Association,

arrested and jailed under draconian law, Public Safety Act (PSA)

On 18 July 2010, Ghulam Nabi Shaheen, General Secretary of the Bar Association, was detained on similar grounds under the PSA as well as for organising public mobilisations calling for the release of Mian Abdul Qayoom.

Several lawyers on hunger strike to protest against an attempt to stop the lawyers of the territory to plead cases of detainees and people facing human rights abuses.

 

Source :     

 

 

 

In occupied Kashmir,  J &K police raided Mian Abdul Qayoom’s home around midnight on July 7, 2010, and arrested Kashmir Bar Association president under stringent  Jammu and Kashmir Public Safety Act of 1978 (PSA). and sent him to Jammu’s Hiranagar jail.

He was and he was taken to high security Hiranagar jail in Jammu.Under PSA, a person can be jailed without trial for two years to maintain public order.

The President of High Court Bar Association, Qayoom  is being targeted because of his long-standing work in defence of human rights and his legal advocacy for the detained and disappeared in Kashmir.

Mian Qayoom  has challenged his detention before the High Court through a writ petition. The High Court has issued notices to the occupation authorities, asking them to file their objections by or before July 14, the next date of hearing of the petition. Senior lawyers, Zaffar Shah and Ashraf Butt represented the Bar President, presently lodged in a Jammu jail. Besides challenging the detention order, the lawyers also filed an application before the court, asking that Mian Qayoom be shifted to Kashmir from Jammu and be lodged in a nearest jail as mandated by several rulings of the Indian Supreme Court.

  Lawyer Qayoom’s arrest was made without evidencing due cause under the PSA. The PSA continues to be used arbitrarily in Indian-administered Kashmir to repress dissent without due cause or process.  

Condemning the detention of Mian Qayoom, the lawyers in north Kashmir have also announced support to the strike call. The President of Sopore Bar Association, Mohammad Maqbool, the President of Handwara Bar Association, G N Kabu and the spokesman of Kupwara Bar Association, Naseer Ahmad Dar described the detention of Mian Qayoom as undemocratic .

To protest the arrest of its President and killing of 15 persons by Indian troops, the High Court Bar Association had decided to strike work in the courts.on part of the occupation authorities.

On 18 July 2010, Ghulam Nabi Shaheen, General Secretary of the Bar Association, was detained on similar grounds under the PSA as well as for organising public mobilisations calling for the release of Mian Abdul Qayoom. Ghulam Nabi Shaheen is currently being held in the District Jail in Rajouri.  

On July 27, the members of High Court Bar Association of occupied Kashmir started hunger strike to press the demand for release of their President, Mian Abdul Qayoom and General Secretary, Ghulam Nabi Shaheen and to invite attention of the world community towards atrocities being committed against lawyers and people of the territory.

 

The lawyers talking to mediamen said that the arrest of Mian Abdul Qayoom and Ghulam Nabi Shaheen under the black law, Public Safety Act, was an attempt to stop the lawyers of the territory to plead cases of detainees and people facing human rights abuses. They threatened to continue the agitation if their leaders were not released.

The lawyers, who are on the hunger strike, include Ejaz Bedar, Nazir Ahmad Ronga, Muhammad Amin Butt, Muhammad Amin Malla, Arshid Andrabi.

 

On the other hand, Mian Abdul Qayoom has filed an application before the High Court seeking consent to plead his detention case himself. 

Meanwhile, the High Court of the occupied territory approved a group of five lawyers to meet and interact with Mian Abdul Qayoom and Ghulam Nabi Shaheen. The orders came in response to two separate petitions filed by the Bar members, wherein the court intervention had been sought to allow them meeting their detained leaders. The lawyers who have been allowed by the court to meet Mian Qayoom and Ghulam Nabi Shaheen include Zafar Shah, M A Pandit, M Ashraf Butt, Bashir Siddiq and Rafiq Joo.

 

IDHAE condemns the arrest of  Mian Qayoom, President of the Jammu and Kashmir High Court Bar Association, under the Jammu and Kashmir Public Safety Act of 1978 (PSA).   

 IDHAE expresses grave concern  for the physical and psychological safety and security of   President Mian Qayoom.

IDHAE  asks for immediate ans unconditionnal  release and due process, as per international humanitarian law, be followed. 

 

 

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