The High Court has quashed Public Safety Act (PSA) against three foreigners—two Pakistani and a Saudi national who were facing trial for their alleged involvement in subversive activities.
The Pakistani national was facing trial for his alleged involvement in the Police Public School encounter that took place in March 2013. The authorities had slapped PSA on him and the same was quashed by the court on June 4 after his lawyer argued that such act cannot be slapped against him because of his nationality.
Zubai Talha Zarar, the Pakistani national was booked in the FIR 51/2013 under section 302, 307, 123, 120 B, 447, 468, 323 RPC, 7/25 Arms Act, 345 exclusive substances Act, 16, 18, 19, 20, 40 unlawful activities and 14 foreigners Act. The court in its observation declared that “there is nothing on record to suggest that detenue at any time mad en application for his enlargement on bail or any of his alleged accomplices was let of on bail.”
The court further stated that detenue can approach the trial court in case he apprehends that he may be moved from present place of lodgment as he is expected to be in custody under remand order form trial court.
Advocate Mir Shafqat represented all the three foreigners in the court. in another case involving a Saudi national named Noor-ul-Haque , arrested in 2008 by Kupwara Police Station under section 14 foreigners act, was similarly placed under further detention in terms of section 8(1) (b) Jammu and Kashmir Public safety act. The court in its 4th June judgment quashed the order and directed that arrangement may be made for his deportation within eight weeks. Another Pakistani national Asgar Ali got similar respite from the court when PSA against him was also quashed. (KNS)