With government’s inexorable stand that Mustafa Kamaal of National Conference and Begum Khalida Shah and her son Muzaffar Shah of Awami National Conference are “free” and other side denying the claim, a division bench of J&K High Court Monday after hearing the arguments of both the sides, said it would pass the orders.
The three leaders in an appeal have challenged the singlejudge order dismissing their pleas against their house arrest.
As the matter came up for hearing today before the divisionbench of Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar, senior advocateBashir Ahmad Bashir on behalf of the aggrieved leaders told the court that theyare in detention without being allowed to move.
Senior Additional Advocate General, B A Dar, however,reiterated the government’s unalterable stand that the trio is “free withoutany restrictions”.
Senior advocate Bashir A Bashir presented photographs andsubmitted that they were testimony to the fact that the freedom of the threeleaders has been curtailed. He evenwanted to produce a pen drive containing what he said a “video proof”.
“In these photographs there is presence of police at theirhouses. Who are these? Are these the cops who protect them and at the same timeprevent their movement? How many police personnel are there?” the court askedDar.
In response to the submission by the state counsel thattheir plea has been dismissed by the single bench and they have been asked toapproach an appropriate forum, Justice Thakur said: “Which is this appropriateforum, identify the forum”.
After hearing the arguments of both sides, the court askedsenior counsel Bashir A Bashir, “Are you (the appellants) ready to give up thesecurity. We feel it will be the appropriate direction we are going to give inthe matter.”
“Let our free movement is not curtailed,” Bashir A Bashirsaid.
The High Court while maintaining that orders shall bepassed, observed that it may direct withdrawal of the security cover to thethree.
In support of its contention before the single judge, thegovernment had produced a communication addressed by Superintendent of Police,Srinagar to the Inspector General of Police, Kashmir Zone. The communicationsaid the petitioners were “not put under house arrest nor has their libertybeen curbed”.
In their appeal, the three leaders contend that therespondents produced a “false and frivolous communications” made insuppressions of the materials and real facts with regard to illegal detentionof the appellants”.
They said they are still under illegal detention under theoral orders of the respondents since August 5 when Article 370 was abrogatedand Jammu and Kashmir State was bifurcated into two UTs.
“The matter of the liberty of the appellants cannot bedenied by the writ court and direct them to seek orders from the criminalcourt,” the petitioners pleaded before the DB.