Govt revokes PSA order of ‘lunatic’ Doda youth

The J&K Government on Thursday evening revoked the Public Safety Act of a “lunatic” Muslim youth who was arrested for allegedly desecrating a temple in Jammu last week. The prompt action from the Government after the issue echoed in the Legislative Assembly this morning.
“The detention order Mo 08/PSA of 2016 dated June 20, 2016 is not justified…and hence has not been approved,” said an order issued by Home Department, disapproving PSA detention of the youth.
As per the Home Department order, accessed by Kashmir POST, Yasir Alfaz doesn’t have any criminal background and only one FIR (No 51/2016 P/S) related to the temple incident stands registered against him.
“For the act in question, the investigation is already on, the subject (Alfaz) is in custody and needed to be dealt with under the relevant provision of law,” the order reads.
Referring to the incident that had taken place on June 16, the order mentions that Alfaz was suffering from “psychiatric disorder” and the preliminary investigations conducted into the case had suggested that Alfaz was a “lunatic person”.
“Verification of this aspect has neither been indicated in the dossier of SSP, Jammu nor in the grounds of detention,” reads the order. “In the grounds of detention, it has neither been mentioned that the subject (Alfaz) was already under police custody nor the compelling reasons have been indicated for passing a detention order.”
“In view of this the detention order (No 08/PSA of 2016 dated Jun 20, 2016, is not justified on the grounds and hence has not been approved,” reads the order.
Earlier, the issue of slapping of Public Safety Act (PSA) on a mentally deranged Muslim youth echoed in the Assembly.
The issue was raised by ruling Peoples Democratic Party member Muhammad Yusuf Bhat who criticized the Government for slapping PSA on the mentally deranged YasirAlfaz.
“How can you slap PSA on a person who has been declared lunatic? Which law allows it,” Bhat criticized the Government.
Bhat’s query created ruckus in the House as another MLA from PDP, Abdur Rahim Rather demanded that the Government should immediately revoke the PSA.
Alfaz, who was declared lunatic by the Government in the House after the alleged sacrilegious act on the temple in Janipur locality last week, was arrested by police and subsequently booked under PSA on Wednesday.
“District Administration, Jammu has ordered detention of YasirAlfaz son of Kher Din Rio Village Shiva, Tehsil Bhaderwah, District Doda under Public Safety Act (PSA), 1978, in connection with his involvement in the sacrilegious act at AapShamboo Temple in Janipur,” an official spokesperson said last evening.
“How can a lunatic person be booked under PSA. This can’t be even imagined,” Rather questioned the Government.
At this moment, members from opposition joined the protests against slapping of the PSA on the mentally deranged Muslim youth, attacking the Government for letting free those people who resorted to violence in Jammu and damaging public property, following the incident.
The temple incident had taken place on June 16 following which the activists of RSS resorted to violence in Jammu, damaging public property. A group of 22 persons were detained by police for their involvement in the violence including torching of more than a dozen vehicles including police vehicles.
The 22 persons arrested by police were released soon after VHP leader LeelaKarn Sharma threatened a “repeat of 2008-type Amarnath agitation”, which had sparked communal violence in the State.
“Those who damage public property and carry out attacks on police in broad daylight are set free but a mentally deranged person is booked under PSA,” said Independent MLA from LangateErAbdur Rashid, demanding release of Alfaz.
His views were echoed by other opposition members including CPI-M’s MY Targami.
Amid the din, Minister for Revenue and Relief Syed BasharatBukhari said Government would look into the slapping of PSA on Alfaz.
“It is wrong to slap PSA on a lunatic person. We will revoke it and inquire what has led to it,” said the Minister.
However, the BJP, which is the coalition partner of PDP in the State Government, took objection to the Minister’s announcement.
“How can this be done? Being lunatic is no ground for revocation of the PSA. The youth has vitiated the atmosphere in Jammu, he should be given tough punishment,” said BJP legislator RS Pathani.
Pathania’s remarks angered Rashid, who said “it will have to happen.”
At this moment, BJP’s ally Peoples Conference (PC) supported the demand for revocation of PSA on the youth.
“If any person is declared lunatic, as per law he can be exempted even for 302 (murder). So why PSA can’t be revoked,” said PC member Dar, quoting rules.
“Grounds of detention are to be explained to a detenuee. So how can you explain to him when he is lunatic,” Dar explained. “Such persons cannot be detained.”