Neeraj Rohmetra
JAMMU, Mar 10: Responding to fresh clarifications sought by the Union Home Ministry, the State Government has prepared a comprehensive report on all aspects of the Masrat Alam case, which has snowballed into a major controversy and the report is likely to be sent to Centre tomorrow.
Highly placed sources told EXCELSIOR, “not satisfied with the earlier dossier submitted by the Jammu and Kashmir Government on Monday, the MHA had shot off a fresh letter on the same day to the State Government, seeking some more details about the issue”.
“Union Home Ministry has sought clarification on three specific points from the State Government. These included the sequence of events, which lead to release of the separatist Masrat Alam, the specific direction issued by Courts in this case, which prevented the State Government from extending his judicial custody and the list of cases, which had been registered against him in various police stations of the State”, sources informed.
Sources further elaborated, “immediately after the instructions of the MHA, the Chief Minister, Mufti Mohammad Sayeed instructed the top brass of the Home Department and Director General of Police (DGP) to send the necessary details at the earliest”, adding, “the information is likely to be sent to Centre by tomorrow as the details would be utilised by the BJP leadership to counter the opposition onslaught in both Houses of Parliament”.
“As per the details prepared by the State Government, the instructions for release of the separatist leader were issued several days before the PDP-BJP Government assumed office as per the guidelines of the Supreme Court, which prohibits detention of any individual for the same offence on more than one occasion. Judgements of the Apex Court, which formed the basis for quashing of the detention for the separatist leader is also being quoted”, sources said.
The State Government in its report, sources said has clarified that the separatist leader, who spearheaded the 2010 agitation had to be released as no Public Safety Act (PSA) could be re-framed against him. “There is a limit to detain someone under PSA and as per the Supreme Court judgement, no one can be detained repeatedly on same charges”, says the report.
“The State Home Department is also compiling the details of the cases, which have been registered against the separatist leader in different police stations of the State and same will also be sent to the MHA, most likely by tomorrow”, sources pointed out.
Sources said, “cases against him dated back to 1993 and not only 2010 when he had shot into limelight after issuing calendars for strike calls during 2010 summer unrest that had taken the toll of about 112 people. The separatist leader had around 15 cases pending against him, which included those registered under Sections 120 and 121 Ranbir Penal Code (waging war against the country) and the Unlawful Activities (Prevention) Act” adding, “not even a single pending case has been withdrawn against him and every case will be challaned against him.”
Sources further added, “the order for release of the separatist leader were issued around a month before the PDP-BJP alliance took over the reins of Government, but the order was caught in bureaucratic wrangles and it was only after obtaining the advice from the Law Department that the Home Department issued fresh directions to the Deputy Commissioner, Jammu to withdraw the PSA imposed on the separatist leader”.
Meanwhile, highly placed sources have ruled out any possibility for release of any militant, who are facing trial or against whom serious cases have been registered, even as the issue rocked the Parliament again today, with Opposition parties using the opportunity to corner the NDA Government at the Centre.
Ruling out the possibility of release of any person involved in militant activities, sources said, “there was no such proposal under the consideration of present Government and also denied report of the release of Ashiq Hussain Factoo, husband of Dukhtaran-e-Millat leader Asiya Andrabi”.
Setting at rest all rumours about release of any militant, Director General of Police, K Rajendra Kumar told EXCELSIOR, “there is no such proposal even under consideration of the Government. These are all rumours and there is no need to heed them. Any person, who is facing conviction can’t be abruptly set free”.
Sources clarified that Masrat Alam had not been given blanket release but there are conditions that he can be called anytime by the police in connection with under investigation cases against him.
“MHA has been briefed that some of the cases against Masrat Alam have been challaned. He is facing trial in the cases but has been granted bail in all cases pending against him and now was being detained under the PSA,” sources said, adding the Government has briefed the Union Home Ministry that all cases against Masrat Alam will be pursued by the police in the courts legally but he was released in view of Court granting bail to him in all cases.
It is pertinent to mention here that on Sunday the Union Home Ministry had sought report from Jammu and Kashmir Government on the release of separatist leader Masrat Alam after the issue rocked the Parliament.
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