Wife of J&K Cong, Leader Saifuddin Soz Moves SC, Files Habeas Corpus plea Challenging his prolong detention.
(Judicial Quest News Network)
A Habeas Corpus petition has been filed in Supreme Court by the wife of Congress leader Saifuddin Soz,Challenging his “unlawful” detention by the Government of Jammu and Kashmir.
The detenu, Prof. Saifuddin Soz, is an octogenarian and a former Member of Parliament, who represented the Baramulla Constituency in the year 1983.The petition ifs filed by his wife Mrs.Mumtazunnisa Soz.
”Ten months have passed since his first detention, and he is yet to be informed of his grounds ofdetention. All efforts by him to obtain a copy of the detention order(s) have been of no avail due to the illegal, arbitrary exercise of powers by the Respondent No. 2.”
Primarily the petitioner says that the ground for challenge is violation of Article22 (5) of the Constitution of India, which provides that whenever an order is made for preventive detention, the authority should immediately inform the detenue the reasons for such order.
Further the petitioner also claims that his detention is wholly contrary and perverse to the constitutional safeguards laid down under Article 21 and 22 of the Constitution of India, as well as the law on preventive detention. Not only does it attract the vice of unconstitutionality,He has no criminal antecedent and has never in the past committed any offence.The petitioner further contends that the conduct of the detenue showcases that there is no criminal antecedent and has not indulgrd in any communication that could be construed as the commitment of an offence under the PSA Act.
“From the above, it is needless to state that Mr. Soz is a law- abiding, peaceful Indian citizen. He has not committed any breach of peace, neither has he disturbed the public tranquility, nor is he likely to do any wrongful act that will occasion a breach of peace orcause any disturbance of public tranquility. However, 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 till date, thereby making his detention not only illegal, malafide and unconstitutional, but also extremely appalling.”
The plea,to be argued by Senior Advocate Abhishek Manu Singhvi and filed by Advocate-on-Record Sunil Fernandes.
[Read Petition]
