Excelsior Correspondent
SRINAGAR, Apr 16: The former Deputy Mayor, Sheikh Mohammad Imran, was today released after over 8 months on High Court directions.
Sheikh had approached the Court through his wife challenging his detention passed under Section 107 and 151 of Code of Criminal Procedure as also the proceedings related thereunder.
Appearing Counsel Altaf Haqani submitted before the Court that despite of having not committed any offence, the authorities arrested and detained him directly at Central Jail Srinagar without following the due procedure of law.
Justice Ali Mohammad Magrey while issuing the notice to Principal Secretary Home, Divisional Commissioner Kashmir, Deputy Commissioner Srinagar, Sub-Divisional Magistrate East Srinagar and Tehsildar Khanyar, Srinagar for filing of returns to the contentions raised in the plea of petitioner Imran also directed them to release him from the custody.
Justice Magrey directed the Executive Magistrate (Tehsildar) Khanyar Srinagar to ensure adherence to the provision of law and release the detenue after securing bond and necessary sureties to his satisfaction for his temporary release.
“…the executive magistrate shall either approach the Central Jail Srinagar for doing the needful or on asking, the Superintendent Central Jail to produce the detenue before him furnished bonds”, reads the directions.
Court also directed the SSP Srinagar to ensure proper arrangements of requisition for doing the needful and Superintendent Central Jail to ensure that the detenue-Imran is medically examined and screened with reference to the adherence of guidelines issue by the Ministry of Health and Family Welfare, Government of India.
Advocate in support of his arguments has referred the order of Division Bench passed on April 5, in a PIL relating to COVID-19 epidemic and submitted the authorities have not acted upon the of High Powered Committee (HPC) constituted by the Government pursuant to the orders of Apex Court with regard to contingent of COVID-19 virus in prisons and have not released the petitioner from the custody.
Petitioner Sheikh was elected Deputy Mayor of SMC Srinagar and was firstly arrested on August last year. On his release he was again arrested on December last year in FIR No. 3/19 by ACB south Kashmir under Prevention of Corruption Act.
He was admitted to bail by the Special Judge, Anti-Corruption on February 19 instant but was again arrested immediately after getting the bail. Court has been informed that authorities have not informed the petitioner about the reasons of his detention after acceptance of bail.
His counsel stated that despite of the orders of SLSA and HPC, the authorities have not as well considered his application for his release till date. He submitted that non compliance of court orders and illegal confinement of petitioner has exposed to serious risk of COVID-19.
Follow our WhatsApp channel