HC refuses parole to Jama'at chief on daughter's marriage

Dr Hameed Fayaz is new Jamaat chief

J&K High Court has directed Superintendent District Jail Kathua to make arrangements through virtual mode for enabling Jamaat-e-Islami Ameer (chief) Dr Hameed Ganai popularly known as Hameed Fayaz watch his daughter’s marriage ceremony on September 3.

Mst Lateefa Bano wife of Ganai had approached court through advocate Syed Musaib seeking directions for release of her husband on parole to attend the marriage ceremony of his daughter from September 2 to 4.

While dismissing Ganai’s plea, a bench of Justice Tashi Rabstan however directed Superintendent District Jail Kathua to make arrangements to enable the detenue to watch the marriage ceremony of his daughter on September 3 through virtual mode, WhatsApp or any other mode that would be available to the concerned authorities.

The Court rejected the plea after the government through its senior additional advocate general B A Dar informed it that a representation made by Bano to the government for the release of her husband on parole was considered.

Dar produced a copy of government communication in this regard.

Petitioner submitted before the Court that her husband has been in detention for last 18 months and his only daughter was to get married on 2 and 3 September.

She submitted that in this regard a detailed representation was made to the respondents for seeking her husband’s release on parole.

Given the mandate of the law, she said, the respondents were bound to decide the application keeping in view the humanitarian aspect of the case.

“In terms of the Sharia Law the presence of the father is essential for the purpose of consummation of Muslim marriage and the bride would be deprived of right to valid marriage in absence of her father,” she submitted.

The petitioner submitted that the bar of the judicial intervention to direct the temporary release of a detenue would not affect the jurisdiction of the court under Article 226 of the Constitution.

Dr Ganai of Wazir Bagh Zabarwan Colony was arrested on 22 February 2019 at 4:00 a.m from his residence and sent to the Police Station Humhama, where he remained for two days and thereafter sent to Central Jail, Srinagar.

On March 3 last year he was produced before Tehsildar, Budgam and was granted bail but re-arrested suddenly and taken to Police Station, Humhama, wherefrom he was shifted to District Jail Kathua on 20 march after he was booked under Public Safety Act.

He challenged his detention in High Court which dismissed his plea on July 22, 2019. He filed an appeal against the detention which is pending before a division bench of the Court.