New Delhi: The Supreme Court on Tuesday refused
to stay the Jammu and Kashmir High Court order directing the
state government to shift separatist outfit Duktaran-e-Milat
head Asiya Andrabi from a jail in Jammu to Srinagar.
The apex court also declined to grant an urgent
hearing to the petition filed by Jammu and Kashmir government
challenging the High Court order and said it will be heard on
"We are not passing any order. Let it come on August
17," a Bench comprising Chief Justice K G Balakrishnan and
Justices P Sathasivam and B S Chauhan said when senior
advocate Amrender Sharan, appearing for the state government,
mentioned the petition questioning the High Court order.
During the hearing, the Bench said the order passed
under the Jammu and Kashmir Safety Act against Andrabi only
says she should be detained in Jammu but "there is no
explanation for it".
The Bench`s remark came when Sharan and advocate Anis
Suharwardy said that under the Act it is the discretion of the
authority to decide a place in the state for keeping a person
Advocate Kamini Jaiswal, appearing for Andrabi, said
the reason that central jail in Srinagar was overcrowded for
putting her in Jammu Jail was not plausible.
She said there are two barracks in the central jail,
Srinagar, for women inmate and it would be wrong to say that
those are overcrowded.