HC Notice to Govt on ‘Detention’ of NC Leaders

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J&K High Court – File Pic

Srinagar: Jammu and Kashmir High Court on Friday issued a notice to government on separate petitions filed by National Conference Party President and Member of Parliament from Srinagar Dr Farooq Abdullah and Vice President Omar Abdullah, challenging the “unconstitutional and illegal house detention” of party senior leaders and functionaries.

While the duo had filed sixteen petitions, thirteen came up for hearing today before separate benches presided by Justice Rajesh Bindal, Justice Tashi Rabstan and Justice Sindhu Sharma respectively.

The petitions in which notices were issued include that of Abdul Rahim Rather, Aga Syed Rohullah, Mubarak Gul and Basharat Bukhari, Shamima Firdous, M Shafi Uri, Mohammad Shafi Shah, Abdul Majid Larmi, Nasir Sogami, Chowdhry Mohammad Ramzan, Bashir Veeri, Mohammad Irfan Shah and Saif Din Bhat.

The NC leaders have filed petitions for the release of Ali Mohammad Sagar, Abdul Rahim Rather, Nasir Aslam Wani, Aga Syed Mehmood, Mohammad Khalil Bandh, Irfan Shah and Sahmeema Firdous from illegal house detention while Omar Abdullah is challenging the detention of Mohammad Shafi Uri, Aga Syed Ruhullah Mehdi, Chaudhary Mohammad Ramzaan, Mubarak Gul, Dr Bashir Veeri, Abdul Majeed Larmi, Basharat Bukhari, Saifudin Bhat Shutru, Mohammad Shafi through their counsel Adv Shariq Reyaz.

“The decision to move to the court was taken as a last resort to provide relief to various party members who have continuously been under house arrest or were kept under house detention after being shifted there from detention centers,” a party spokesman had said earlier.

“Shifting of the detainees from detention centers to their homes only characterized revolving-door detention practice. Quashing of the PSA on Party General Secretary Haji Ali Muhammad Sagar underscored the indefensible nature of all detentions in the court of law, leading us to believe that the administration will release all the detainees in the absence of any convincing reason behind it. Unfortunately that was not to be. The house detentions without any administrative orders are unlawful, undermining due respect to human rights and individual liberty,” the party had said.

“We are hopeful that the court will come to the rescue of our colleagues, who have been suffering for no fault ever since the abrogation of provisions of Art 370, Art 35 A on Aug 05 2019. This was the only recourse left to us. We are of the firm belief that the court will uphold the civil liberties of our colleagues most of whom have not been keeping well.” It added. (GNS)

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