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annual report print final.qxd - Asian Centre for Human Rights

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INDIA HUMAN RIGHTS REPORT 2005 Jammu and Kashmir<br />

many of them including Bala Bi, wife of<br />

Lal Khan Shahida and her mother Jan<br />

Begum. Later, their houses were set<br />

ablaze. 128<br />

On 11 September 2004, members of<br />

an armed opposition group allegedly<br />

hurled a grenade at the residence of Jalalud-din,<br />

CPI (M) worker at Pooniwah,<br />

Kulgam in Anantnag district that injured<br />

his two daughters Tahira Bano and<br />

Naseema Bano. Both the girls were shifted<br />

to hospital where Tahira succumbed to her<br />

injuries. 129<br />

On the night of 25 October 2004,<br />

members of an armed opposition group<br />

<strong>report</strong>edly indiscriminately fired into the<br />

house of one Yousef Malik in Salbal<br />

village in Gool tehsil of Udhampur district<br />

and killed Yousef and his mother Jameela<br />

Begum on the spot. His son and wife were<br />

critically wounded. The armed groups also<br />

kidnapped the deceased’s brother Gulam<br />

Mohmmad and later killed him and<br />

dumped his body in the outskirts of the<br />

village. 130<br />

V. National Security Laws<br />

The Public Safety Act (PSA), 1978<br />

continued to be used extensively in Jammu<br />

and Kashmir. Since coming into power in<br />

November 2002, the PDP-Congress<br />

coalition government <strong>report</strong>edly released<br />

326 detenues serving detentions under the<br />

PSA. 131 There were 533 persons<br />

languishing in jails in and outside the state<br />

under Public Safety Act (PSA) in February<br />

2004. Of these, 361 detenues were<br />

<strong>report</strong>edly of Kashmir while 172 were of<br />

<strong>for</strong>eign origin. 132 According to J & K<br />

Minister of State <strong>for</strong> Home Abdul Rehman<br />

Veeri, 537 persons were detained under the<br />

PSA by July 2004. 133 Following the first<br />

round of talks between the central<br />

government and the Hurriyat Conference,<br />

the Joint Screening committee had<br />

<strong>report</strong>edly recommended 34 cases under<br />

the PSA to the Jammu and Kashmir<br />

Government <strong>for</strong> revocation in March<br />

2004. 134 The Central Government<br />

approved a list of 24 detenues booked<br />

under PSA to be released. 135<br />

On 8 June 2004, the Jammu and<br />

Kashmir High Court quashed the detention<br />

order of Dr Meraj-ud-din Shigan booked<br />

under the PSA <strong>for</strong> his alleged involvement<br />

in militancy and ordered his immediate<br />

release. Quashing the detention order, Mr<br />

Justice Bashiruddin of the Jammu and<br />

Kashmir High Court observed that the<br />

grounds on which he was arrested were not<br />

supplied to the detainee and that the<br />

detention order was vitiated. 136<br />

The Jammu and Kashmir government<br />

also extensively invoked the Prevention of<br />

Terrorism Act, 2002. On 25 February<br />

2004, J & K Minister of State <strong>for</strong> Home<br />

Abdul Rehman Veeri in<strong>for</strong>med the<br />

Legislative Assembly that out of 168<br />

POTA detenues, 86 were released since the<br />

inception of the PDP led coalition<br />

government. 137<br />

VI. Prisons and prisoners<br />

The conditions of the prisons in<br />

Jammu and Kashmir remained deplorable.<br />

A survey <strong>report</strong> of the Jammu and Kashmir<br />

101

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