SRINAGAR: In response to a question raised by MP Hasnain Masoodi representing Anantnag, Jammu & Kashmir, the Law ministry has answered that 2,165 Habeas Corpus Petitions have been filed in the Jammu & Kashmir High Court and Supreme Court from August 2019 to 30th of June, 2023 from the Union Territory of Jammu and Kashmir, the Live Law reported.
Masoodi further inquired whether the disposal of Habeas Corpus petitions challenging detention orders under the Public Safety Act, 1978, in J&K, was experiencing delays, with most petitions outliving the detention orders.
In response, the Ministry stated, “Detaining Authorities file requisite pleadings and ensure timely production of available records in the Hon’ble Courts besides ensuring the presence of Counsels on the date of hearings. All other requisite steps, wherever required, are being taken well within time to ensure early disposal of such petitions by the Hon’ble Courts.”
It’s worth noting that Article 370 was abrogated on August 5, 2019, followed by a complete communication blockade and strict curfew in the Union Territory.
In a recent development, on May 16, the Supreme Court disposed of the Habeas Corpus plea filed by CPI (M) General Secretary Sitaram Yechury in 2019, challenging the alleged illegal detention of former J&K MLA Mohammed Yousuf Tarigami in August 2019, shortly after the abrogation of Jammu and Kashmir’s special status.
The Court granted Tarigami the liberty to seek compensation and other reliefs for his detention, which was alleged to be carried out without the sanction of law.
In 2019, the Supreme Court allowed Yechury to travel to Kashmir to meet the detained party leader Tarigami and ensure his whereabouts and medical welfare.
Additionally, the Supreme Court permitted a law graduate, who had filed a Habeas Corpus plea, to visit his parents in Kashmir seeking information about them.
Last year, in June 2020, The Jammu and Kashmir High Court Bar Association, Srinagar, raised concerns with the Chief Justice of India, stating that since the Abrogation of Article 370 in August 2019, over 600 habeas corpus petitions had been filed before the High Court of UT of J&K at Srinagar, but allegedly not even 1 percent of these cases had been decided by that time.
