News By/Courtesy: Simran Rudra | 06 Nov 2019 15:36pm IST

HIGHLIGHTS

  • The Jammu and Kashmir High Court, on Tuesday, declined to entertain the pleas filed by the kin of former Chief Minister, Farooq Abdullah challenging their alleged house arrest by the State.
  • Justice Ali Mohammad Magrey dismissed the petitions filed by Muzafar Ahmad Shah, Begum Khalida Shah and Dr. Mustaffa Kamal challenging their unlawful detention in their house.
  • The Court opined that their plea involved disputed questions of fact in which case the High Court is not the appropriate forum to approach by way of a writ petition.

 

The Jammu and Kashmir High Court, on Tuesday, declined to entertain the pleas filed by the kin of former Chief Minister, Farooq Abdullah challenging their alleged house arrest by the State.

Justice Ali Mohammad Magrey dismissed the petitions filed by Muzafar Ahmad Shah, Begum Khalida Shah and Dr. Mustaffa Kamal in this regard, and opined that their plea involved disputed questions of fact in which case the High Court is not the appropriate forum to approach by way of a writ petition.

The petitioners alleged that they were being unlawfully detained in their houses since September 5, 2019, the State countered the submission on the strength of a communication by the Additional Deputy Commissioner. The said communication stated that neither have the petitioners being placed under house arrest, nor has their liberty been curbed.

In response, the petitioners counsel had also submitted certain paper clippings to show that the petitioners were in fact under house arrest. However, the Court declined to place reliance on the same remarking that, “Press cuttings cannot be relied upon as authentic documentary evidence. Further, a Writ Court cannot hold enquiry into disputed facts.”

Therefore, the Court dismissed the plea as it is not maintainable before the High Court. However, the judge clarified that the parties were free to pursue other appropriate legal remedies available to them.

The Former Chief Minister, Farooq Abdullah himself was under house arrest invoking Public Safety Act (PSA), following the abrogation of Article 370 of the Constitution.

A Habeas Corpus plea had earlier been moved in the Supreme Court to produce Farooq Abdullah. However, this plea was disposed off by the Court after the State invoked the provisions of the PSA on September 15, days before the Court was set to hear the matter next. Recently, the Government extended Abdullah’s detention under the PSA for another three months.

Section Editor: Prithvijit Mukherjee | 06 Nov 2019 17:36pm IST


Tags : #Jammu and Kashmir High Court

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