Excelsior Correspondent
Srinagar, Mar 2: The High Court today observed that all kind of security to the three politicians who alleged that they are in house detention since August 5 last year may be removed but reserved the judgment.
The court was hearing the petition filed by two politicians of Awami National Conference and senior leader of National Conference challenging the writ court order whereby their plea to direct the Government to set them free from house detention has been dismissed.
The appeal has been moved by the ANC president Khalida Shah, Muzaffar Ahmad Shah and senior leader of National Conference Dr Mustafa Kamal against the judgment of single judge. The Division Bench of Justice D S Thakur and Justice Sanjeev Kumar after hearing both the counsels reserved its order with the observation that all kind of security be directed to be removed from these leaders.
The observation followed after the counsel for the parties resisted each other on the house detention of the appellants. The counsel appearing for the appellants B A Bashir contended before the court that his clients are not being allowed to move even on the corridor of the house.
The Government counsel B A Dar resisted the arguments of the appellant counsel and submitted before the Court that there is not any kind of security at the houses of appellants except their personal security.
He added before the Division Bench that the appellants are free to move anywhere and if they allege that they are under house detention then the same is a matter of facts which cannot be proved before this Court for that the appellants are available with proper remedy.
To settle the dispute, Court after asking both the parties said the authorities be directed to withdraw all kind of security whether it is personal or the security which as per the appellants are not allowing them to move freely from their residence. Court, however, reserved its orders on the matter with these observations to which both the parties have agreed.
Muzafar Ahmad Shah, Begum Khalida Shah and Dr Mustafa Kamal had approached the writ court with the prayer to direct the authorities to lift all kind of restraints, curbs and remove security forces from the residential houses and set them free from house arrest/detention as they have been unlawfully detained and kept under house arrest at their own residential house since August 5 last year.
Government as per its communication no. DMS/Jud/ APPIL/2019 dated 23.10.2019, written by the Additional Deputy Commissioner, Srinagar enclosing thereunder a copy of the communication bearing no.Lgl/OWP-Misc/19/8400-8402 dated 21.10.2019, written by Senior Superintendent of Police, Srinagar, to the Inspector General of Police, Kashmir which have been placed before the court, revealed that the petitioners named in the petition have neither been put under house arrest at 10 Moulana Azad Road on 05.08.2019, nor their liberty has been curbed / jeopardised.
In response to these communications, the appellants submitted that they wanted to move out of their house, but were stopped by a huge contingent of Police, SHO Kothi Bagh and few other officers at the gate. This, they stated, witnessed by two sitting MPs, Justice (Retd.) Hasnain Masoodi and Mohammad Akbar Lone, who, according to them, had come to meet them.
Writ court while dismissing the plea of all the three had said that in its extra ordinary writ jurisdiction under Article 226 of the Constitution of India, a writ court is neither to hold an enquiry into the allegations made in a petition, nor take oral evidence. “In light of the above, this petition is dismissed, as being not maintainable and unnecessary, leaving the petitioners free to take appropriate remedy available to him under law before an appropriate forum”, the writ court had concluded.
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