New Delhi, 8 September 2004

The NHRC has called for the comments within two weeks of the Chief Secretary and Director General of Police of Jammu & Kashmir of allegations contained in a newspaper report of a PSA detenue being freed and rearrested. The news item captioned "PSA detenue freed, rearrested" appeared in a national daily on 22 August 2004 wherein it has been reported that one Naek Mohammad - a handicap person was arrested in April 2003 in Lal Chowk when he had gone there for treatment for his amputated left leg. STF personnel arrested him and registered an FIR 71/2003 after showing recovery of two Chinese grenades, one detonator and Rs.9650/-. Later, he was booked under Arms Act. The Judicial Magistrate Small Causes Court bailed him out and issued an order for his release on 30 July 2003. However, he was not physically release and was booked again under Public Safety Act (PSA) on 30 August 2003. After this, in a petition challenging his detention, the High Court quashed all the cases against him.
On 21 August 2004 when the Sadar Court Judge issued orders of his release, CIK personnel from JIC reached in the court premises within no time and tried to re-arrest him. The advocates, who protested the re-arrest, were manhandled by the police and were taken hostage up till around 8.00 p.m. in the court premises. Ultimately at 8.00 p.m. they managed to whisk him away.
Passing directions, Chairperson, NHRC, Dr. Justice A.S. Anand observed that if the content of the report are true, it raises serious issues of violation of human rights.
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