Srinagar: Iltija Mufti, daughter of former Chief Minister Mehbooba Mufti has again filed a petition seeking release of her mother. Mufti in her petition has made Union of India and Union Territory of Jammu and Kashmir as parties to the petition. In her prayer in the petition, Iltija Mufti has prayed for appropriate orders/directions in the captioned Writ Petition seeking inter alia a
writ of habeas corpus. “The captioned Writ Petition under Article 32 has been challenging the order dated 05.02.2020 (hereinafter, the “Detention Order” or the “Impugned Detention Order”), issued u/s 8 (1) of the Jammu & Kashmir Public Safety Act, 1978 (hereinafter, “the PSA” or “the 1978 Act”) for preventively detaining Ms. Mehbooba Mufti (hereinafter, “Detenu”), the former Chief Minister of the State of Jammu and Kashmir, and also former Member of Parliament and the President of the Jammu and Kashmir People’s Democratic Party (JKPDP), a registered political party recognised by the Election Commission of India. The Petitioner is the daughter and next friend of the Detenu,” it reads.
The prayer of the Mufti also reads : This Hon’ble Court was pleased to issue notice in the captioned Writ
Petition vide order dt. 26.02.2020 subject to the Petitioner filing an affidavit stating that no other Petition has been filed by anyone else in any forum including the High Court of Jammu & Kashmir seeking a similar relief. A true copy of the Order dt. 26.02.2020 is annexed herewith and marked as ANNEXURE-A-1 (At Pg 16). The Petitioner herein complied with the order on the same day and filed the Affidavit stating that to the best of her knowledge no other petition or proceedings has been filed before any forum seeking similar relief.”
The petitioner has raised the issue of non- respondance of J&K Government to the earlier notice of the Supreme Court, “Till date the Respondents have not filed any reply or counter-affidavit to the captioned Writ Petition. The detention order impugned in the captioned Writ Petition has been extended was approved by the Government of Jammu & Kashmir vide order dt. 14.02.2020, and received confirmation on 26.02.2020 from the Government following the opinion of the Advisory Board. The Writ Petition was scheduled to be listed on 18.03.2020. However, it was not listed owing to the then impending nation-wide lockdown relating to COVID-19 containment efforts. On 27.04.2020 even as an urgent Application for Directions by the Petitioner herein (which was subsequently numbered CM. No. 60019/2020) was pending, the Detenu was shifted from the subsidiary jail in which she was detained to her home in Fairview, Gupkar Road, declaring the latter as a temporary subsidiary jail.” “The Impugned Detention Order, which expired on 04.05.2020 was extended by another three months vide. Order dt. 05.05.2020 without any fresh grounds being given to the Detenu.The Impugned Detention Order, which was extended until 04.08.2020 was further extended by three months vide Order dt. 31.07.2020
without any fresh grounds, until 04.11.2020,” she prayed. “The Petitioner has also preferred an Application to amend the captioned Writ Petition to include the prayers of quashing the
aforesaid confirmation and extension orders dt. 26.02.2020, 05.05.2020 and 31.07.2020 respectively – on the same grounds as those laid out in the captioned Writ Petition as none of the said orders betrayed any fresh grounds of detention of the Detenu,” petition reads. “That Application also has the said annexed therewith and are not being annexed herewith for the sake of brevity. It is submitted that the Writ Petition prays for a writ of habeas corpus and relates to personal liberty of the Detenu and her right to constitutional remedy under Article 32 would be rendered illusory if the hearing on the Petition to quash her illegal and unconstitutional detention is delayed indefinitely. It is therefore urged that this
Hon’ble Court treats this writ of habeas corpus as an urgent one for early hearing and disposal,” it added.. Iltija Mufti has not only challenged Mehbooba Mufti’s psa order but equally challenged the extensions . Speaking to KNS, she said “her detention is illegal and unquestionable in a democracy. A key opposition leader has been jailed for over a year without recourse to trial.” Regarding the cold response of state Government towards the Notice of Supreme Court on the detention of Mehbooba Mufti, she said, ” bringing to sc’s notice that despite its order in feb , J&K Adminstration is yet to even file a reply and shows you the respect they have for courts and SC.” She also informed KNS that she has brought to notice of court the treatment former Chief Minister has received “where she has been deliberately kept out of bounds for party people and attend to her duties as J&K PDP president.”(KNS)