ANC challenges single bench order before division bench of High Court

Srinagar

Awami National Conference (ANC) President Begum Khalida Shah, Vice-President Muzaffar Shah and National Conference (NC) leader Dr. Mustafa Kamal have challenged the single bench order of J&K High Court dismissing their writ petition before the Division Bench of J&K High Court.

In the petition filed on 18.12.2019, the counsel of these leaders has sought production of the detained leaders before the court and their release with further prayer to initiate criminal proceedings against the respondents.

“Begum Khalida, Muzzafar Shah and Dr Kamal are under continued house arrest at their residential houses 10-Maulana Azad Road Srinagar since August 5 after the Central government’s decision to abrogate Article 370 of the Indian Constitution. A Habeas Corpus petition came to be moved challenging their illegal confinement before High Court of J&K vide No: WP (Crl) 444/2019 dated 5.11.2019 through their counsel Adv. Md. Shafi Mir seeking their release and lifting all their curbs, restraints and security cordon etc. as the detention was made without any just cause or reason and in abuse and contravention of their fundamental rights guaranteed under the Constitution,” a spokesperson of the ANC said in a statement to KNS.

“The writ court of Single bench was supposed to seek counter to the petitioners duly sworn individual affidavits along with their counsels affidavit against the communications which the respondents filed vide DMS/JUD/APRIL/2019 dated 23.10.2019 stating that the petitioners have neither been put under arrest since 5th August 2019 nor their liberty curbed/jeopardized, through their senior Addl. Adv. General in Open Court. The Hon’ble Single bench provided copies of the said communication to the counsel of the petitioners in open court on 5.11.2019 and advised to convey the petitioners that they are at liberty to move out freely. The counsel informed the petitioners accordingly. The case was taken up again on the same date post lunch wherein the counsel of the petitioners sought opportunity to rebut and file affidavits and other evidentiary valued documents,” he said.

“The case was again taken up for hearing on 5th November 2019. After hearing the arguments, the judgment was reserved. The Single bench pronounced the judgment in Open Court on 8th Nov 2019 without raising concerns on the respondents not filing any counter affidavit, instead dismissing the Habeas Corpus petition calling it not maintainable and unnecessary, leaving the petitioners free to take appropriate remedy available to them under law. The LPA against the order of the Single bench has now been moved before the Double bench of the J&K High Court on the facts and grounds mentioned and taken in the LPA for judgment and release of the appellants /petitioners who are still under illegal confinement .It is further sought and prayed in the LPA to initiate contempt and other legal proceedings against the respondents under IPL for misleading /misrepresentation of real facts and for creating false evidence,” KNS quoted ANC spokesperson as having said.

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