Excelsior Correspondent
Srinagar, Oct 30: High Court has granted one day time to senior leader of Awami National Conference and others to respond to the claim of Government that they are not under any detention or house arrest after government told Court that are free to move and there are no curbs on their movement.
Hearing the petition filed by Muzaffar Ahmad Shah and Khalida Shah leaders of Awami National Conference claiming that they are under illegal and unlawful detention since from August 5, Justice Ali Mohammad Magrey sought response from the petitioners counsel within one day to the claim of Government that the allegation made in the petition are false and they are not under detention or house arrest.
The petitioners counsel submitted before the court that he has prepared the response to the claim made by the Government that his clients are not under any detention or house arrest and produced the same before the Court. However, Court asked him to file it before the registry within one day and directed the matter be listed on October 31.
The trio are claiming in their petition that they have been illegally and unlawfully detained and kept under house arrest at their own residential house since the 5th day of August, 2019 which action on part of the Government they say is without any just cause or reason and that the same has violated the fundamental rights guaranteed to the petitioners under the Constitution of India with impunity.
Refuting the allegation made by the petitioners, the state counsel produced photocopies of communication Nos. Lgl/OWP-Misc/19/8400-8402 dated 21st of October, 2019 addressed by Senior Superintendent of Police, Srinagar to Inspector General of Police, Kashmir Zone, Srinagar and DMS/Jud/APPIL/2019 dated 23rd of October, 2019 addressed by Additional Deputy Commissioner, Srinagar to Senior Additional Advocate General which has been taken on record by the court.
State counsel submitted that in view of the stand taken by the respondents in the aforesaid communications, it is clear that the petitioners have neither been put under any house arrest nor has their liberty been curbed/ jeopardized, as claimed by the petitioners in their petition. In this backdrop, the learned Government Advocate seeks dismissal of the petition of the petitioners.
Court after having heard the State Counsel and coupled with a perusal of the communications of the Senior Superintendent of Police and Additional Deputy Commissioner, Srinagar, said the court is satisfied that the instant petition is unnecessary and, as such, liable to be dismissed.
However, before proceeding further in the matter court deemed it just and proper to give one opportunity to the learned counsel for the petitioners to respond to the communications produced by the State counsel to defend his case.
Follow our WhatsApp channel