National Conference leader Hilal Akber Lone has requested the High Court to appoint a commissioner in his case to get “correct factual report” on his detention.
Contending a government report filed in his case, Lone while terming it as “false, frivolous and incorrect” has prayed that the court may appoint a commissioner to visit his residence and submit a “correct factual report” on his “detention”.
In its report the government has submitted that Lone was not under detention.
Lone has filed the detailed response to the government report through his counsel Shuja ul Haq and T A Lone.
In his response, Lone submits: “Abrogation of Article 370 was a policy decision resulting in Act of Parliament and in case a person criticizes the same within constitutional parameters, his criticism could not be termed as an offence under any law in force entailing detention and house arrest.”
Pointing out that the government has filed “a false, frivolous and incorrect report based upon assumptive woolgathering of facts and law,” Lone has requested the court that a commissioner be appointed who would visit his residence and submit correct factual report.
In response to the contention that Lone was a protected person and as a necessary corollary, there will always be police personnel around him as a security cover, he has said that the same is “factually wrong” as he never had any PSOs with him except two during parliamentary election of 2019 and who were attached with him during that year till August 5.
When the detention order, Lone pleads, was revoked on 18-6-2020, he was shifted to T-3 Tulsibagh here where he continues to be under “illegal and unauthorized detention”.
In response to the contention that the police personnel around him are for his security, Lone has said that in the name of security the “respondents have created a sense of insecurity in me in so far exercising fundamental rights guaranteed to me are concerned”.
The government, he said, has neither categorized him under any of the “Security Categories” nor has issued any kind of formal order so far with regard to attaching of PSOs with him.
“In order to cover up the illegal detention of the petitioner, the respondents have cooked a story so as to wriggle out of their woolgathering while exercising the power and authority vested in them under law,” he pleads.
On Aug 15, the government had told the Court that Lone was not under detention, but argued that being a protected person, Lone has to approach security agency before moving out of his residence.
In his plea, Lone has submitted that he was arrested by police station Sumbal on August 10 last year soon after abrogation of Article 370, and lodged at Srinagar’s SKICC which was converted into a sub-jail, till November 2019.
Lone was subsequently shifted to MLA Hostel at MA Road in the summer capital. While in detention, Lone was booked under Public Safety Act (PSA) on February 9 this year. The detention order was subsequently revoked on June 18.
The court is likely to hear the plea on 24 August.