SC Refuses To Stay HC Order To Shift Andrabi From Jammu Jail

4 August 2009
Times of India

New Delhi: The Supreme Court refused to stay the Jammu and Kashmir High Court order directing the state government to shift separatist outfit Duktaran-e-Milat head Asiya Andrabi from a jail in Jammu to Srinagar. The apex court also declined to grant an urgent hearing to the petition filed by Jammu and Kashmir government challenging the High Court order and said it will be heard on August 17. 'We are not passing any order. Let it come on August 17,' a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan said when senior advocate Amrender Sharan, appearing for the state government, mentioned the petition questioning the High Court order. During the hearing, the Bench said the order passed under the Jammu and Kashmir Safety Act against Andrabi only says she should be detained in Jammu but 'there is no explanation for it'. The Bench's remark came when Sharan and advocate Anis Suharwardy said that under the Act it is the discretion of the authority to decide a place in the state for keeping a person under detention. Advocate Kamini Jaiswal, appearing for Andrabi, said the reason that central jail in Srinagar was overcrowded for putting her in Jammu Jail was not plausible. She said there are two barracks in the central jail, Srinagar, for women inmate and it would be wrong to say that those are overcrowded.