Shah Faesal''s party moves Delhi HC against his detention

Tribune Web Desk
Chandigarh, August 19

Bureaucrat-turned-politician Shah Faesal's Jammu and Kashmir Peoples Movement party has moved a Habeas Corpus petition in the Delhi High Court against the leader's recent detention. 

The case came up for hearing before a Bench of Justices Manmohan and Sangita Dhingra Sehgal, which did not issue notice to the central government after Solicitor General Tushar Mehta, who represented the Centre, said he will file a response to the habeas corpus plea moved on behalf of Faesal through a 'pariorkar' or next of friend—Mohd Hussain Cader.

A habeas corpus plea requires a person under arrest to be brought before a judge or a court.

According to the affidavit filed by Cader along with the petition, Faesal's wife apprised him of the issue after which he moved the plea.

According to the petition, Faesal was on his way to Harvard University in the US for higher studies when he was illegally detained at the Delhi airport under the Public Safety Act (PSA).

The plea alleges that the manner in which he was "whisked away" to Kashmir without even a transit remand amounts to "abduction".

The petition has contended that he was scheduled to travel to Boston, USA, via Istanbul and Frankfurt when he was detained at Delhi airport.

It said he was travelling to the US to complete his course in Master in Public Administration when he was "illegally picked up" from Indira Gandhi International Airport here.

"Today a habeas corpus petition on behalf of JKPM was filed before the Hon’ble Delhi high court challenging the illegal detention and abduction of Dr Faesal from Delhi Airport. The Court was gracious enough to give us an immediate hearing and has sought a reply from Govt in the matter. While reposing the faith on Judiciary and rule of law, we resolve to fight for it," the petitioners' lawyer said in a statement. 

"We put on record our appreciations to faculty, students and alumni members of the Harvard University, people from various walks of life and media personals who are standing by us during this tough time. Any other absurd media report about Dr. Faesal’s travel outside India is refuted in strongest words."

The high court will now hear the case on August 23.

Faesal, who founded the Jammu and Kashmir Peoples Movement party after he resigned from the Indian Administrative Services in January citing “unabated killings” in Kashmir,  was detained at the Delhi Airport last week and flown back Srinagar from Delhi.

He has been held Public Safety Act (PSA) in Srinagar.

He had criticised the “unprecedented” lock-down in the Valley that followed the central government’s decision to do away with Article 370 and Article 35-A of the Indian Constitution. The two provisions together gave special status to the state, and have long been subjects of a polarising debate.

Several politicians, among them former Jammu and Kashmir chief ministers Farooq Abdullah, Omar Abdullah and Mehbooba Mufti, were detained after the Centre during the lockdown.