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Jammu and Kashmir High Court Quashes Detention Under PSA, Orders Release of South Kashmir Youth

In a significant development, the Jammu and Kashmir High Court has ruled to quash the detention of Sakib Akbar Waza, a youth from Kulbagh Gulshanpora Tral village in South Kashmir’s Pulwama district. Mr. Waza had been held under the Public Safety Act (PSA) for nearly two years on allegations of supporting militancy, without being informed of the charges against him. Senior Advocate Bashir Ahmed Tak, representing the incarcerated youth, confirmed this decision, according to news agency KNT, which has garnered attention due to its implications for the protection of civil liberties in the region.

The case of Sakib Akbar Waza sheds light on concerns related to the prolonged detention of individuals without proper legal recourse. Waza’s detention had been a matter of contention since his arrest, as he was simultaneously booked under the PSA, a law that permits administrative detention without trial for a maximum period of two years. Despite facing serious charges, Waza had reportedly not been informed of the specific allegations against him.

Justice Sanjay Dhar, presiding over the case, took into consideration the arguments presented by Advocate Bashir Ahmed Tak. Following a thorough evaluation of the case, the court directed the authorities to release Sakib Akbar Waza from Kot Balwal Jail in Jammu.

The situation in Jammu and Kashmir has been marred by longstanding political tensions and security concerns. The use of laws like the PSA to detain individuals has been a subject of scrutiny by human rights organizations and activists. Critics argue that such laws, when misused, can lead to arbitrary detention and violations of due process rights.

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