The Union Home Ministry will decide the next course of action after examining the clarifications from the Jammu and Kashmir government on the circumstances under which Kashmiri separatist leader Masarat Alam was released.
“We are yet to receive the clarifications sought on the first report, which was incomplete and unsatisfactory. On receipt of the second report, the Home Ministry will examine the facts to decide whether there is a need to issue an advisory to the State government,” said an MHA official.
In case the MHA decides to issue the advisory, Union Home Minister Rajnath Singh would make a statement in Parliament.
The official said the issue of handing over of some cases against Mr. Alam to the National Investigation Agency would also be decided after examining the report.
According to the Jammu and Kashmir Police, 27 cases have been registered against Mr. Alam and he has been granted bail in all the cases. He was detained eight times under the Public Safety Act since February 2010. The State government said he was released as there were no fresh grounds for extending his detention.
Contents of an internal communication dated February 4, 2015, reveal that the Home Department had not approved of the extension of Mr. Alam's detention on technical grounds. In the letter to the District Magistrate concerned, the Home Department said the detention order was received 23 days after it was issued and hence, it could not be approved.
The file was then submitted to the State's legal department which opined that in view of a Supreme Court order [dated March 22, 2013], any fresh detention order should not come into force for a week from the date of communication to enable the detenue to pursue appropriate legal remedy.
The legal department observed that the order had become non est due to the delay in communication.
However, it opined that a fresh order could be issued to extend the detention as per law and Supreme Court directives.
