Awami National Conference (ANC) Chief Begum Khalida Shah, her son Muzaffar Shah and National Conference Additional General Secretary, Mustafa Kamal have served a legal notice to Union Home Secretary and Commissioner Secretary J&K Home department and others for their “illegal detention” from 5 August 2019 till March 3 this year.
According to a statement issued by the ANC, the legal notice has also been served to DGP J&K, Deputy Commissioner Srinagar, Dy SP Security Central Pool, SHO police station Kothi Bagh, 10 PSOs, SSP Security Kashmir, for “illegal and unconstitutional house arrest under verbal orders from 5 August 2019 up to 3 March 2020 without any cause or reason.”
In the notice, the leaders have said their constitutionally guaranteed secured rights of liberty and free movement was “jeopardized” by “willful and malafide criminal act”.
“This legal action on our part will act as a deterrent against the government and its officials at the helm of administration so as to adhere to the law of the land and the officials of the state who are guilty of misusing lawful powers and positions as a tool to curb civil and constitutional rights and liberty of innocent people by trampling upon their constitutional and legal rights without any cause, considering themselves above the law,” said Shah, in the statement.
Shah who is ANC’s senior Vice President said such acts attract criminal liability with a minimum seven years imprisonment for misuse of power and misuse of authority.
“Filing such criminal and civil nature of cases against such individuals of the state and central authorities holding howsoever high positions is to make them liable for their conduct, misuse and contravention of the statutory law and Justice,” he said, adding,
He said there were thousands of innocent persons including minors languishing in jails within and outside J&K without any cases registered against them. “This kind of attitude and conduct are speaking volumes of the mockery of democracy and gross violation of constitutional and human rights,” he said.
The legal notice also calls for compensation of Rs two crore each for Begum Khalida Shah, Mustafa Kamal and Rs 10 crore for Muzzafar Shah to act as a “deterrent against such illegal and unconstitutional acts.”