Lawstreet Journal

A Habeas Corpus Petition Filed in SC For J&K Congress Leader Calling His Detention For 10 Months Unconstitutional [READ PETITION]

Lawstreet Journal 30 May 2020 11:42pm

Image courtesy: Lawstreet Journal Judiciary A Habeas Corpus Petition Filed in SC For J&K Congress Leader Calling His Detention For 10 Months Unconstitutional [READ PETITION]

A Habeas Corpus writ petition has been filed in the Supreme Court by the wife of Jammu and Kashmir Indian National Congress Party leader Prof. Saifuddin Soz, challenging his "unlawful" detention by the Government of Jammu & Kashmir under the Jammu and Kashmir Public Safety Act, 1978. This petition was filed on May 29, 2020.

The detenu, Prof. Saifuddin Soz, is an octogenarian and a former Member of Parliament, who represented the Baramulla Constituency in the year 1983-91 and again on 1998-99 in Lok Sabha. He has also been a member of Rajya Sabha on three instances, 1996-96, 2002-08, and 2009-15. He has also served as the Union Minister for Environment and Forests from 1997-99, and as the Union Minister for Water Resources from 2006-2009. He has also been the President of the Jammu & Kashmir Pradesh Congress Committee. 

Prof. Soz has been detained and put under house arrest since August of 2019 and the reasons for detention and arrest have never been informed to date, claimed the petitioner. To this, the petitioner claimed that the impugned detention order(s) passed by the respondent States was prima facie illegal, and done in an arbitrary exercise of power. 

The petitioner further claimed that if the detention order(s) had been passed under section 8 of the Public Safety Act, then also the conduct of the State was wholly contrary to section 13 of the Act, which provides that the grounds of order of detention is to be disclosed to the persons affected by the order, i.e. the… Continue Reading...

Tagged: jammu and kashmir   Jammu and Kashmir Government   Jammu & Kashmir  
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