SC issues notice to Centre, J-K on plea seeking release of Congress leader Saifuddin Soz

In a major development, Supreme Court has sought response from Centre and Jammu and Kashmir ministration on a plea of former Union minister and senior Congress leer Saifuddin Soz’s wife challenging his house arrest. Even as many political leers of Jammu and Kashmir have been released, Soz and PDP chief Mehbooba Mufti are under detention since August 5 last year.  Asking Centre and J_K ministration to reply by second week of July, a bench heed by Justices Arun Mishra issued tices on  plea of Mumtazunnisa Soz, wife of Congress leer. 

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Saifuddin Soz’s wife habeas corpus plea

On May 29, Mumtazunnisa Soz filed a habeas corpus plea in Supreme Court seeking release of her husband. According to her, former Union Minister was informed by his security guards of his house arrest on morning of August 5, 2019, when Presidential order revoking special status of Jammu and Kashmir was passed. She contended that a copy of his detention orders h t been provided to him despite Saifuddin Soz's repeated attempts. Citing his political career which includes his tenure as Union Water Resources Minister and awards received by him, Mumtazunnisa Soz contended that he is a law-abiding and peaceful citizen. 

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Mumtazunnisa Soz also termed his detention as t just illegal, 'malafide, and unconstitutional but also appalling'. senior Congress leer's wife maintained that Soz's detention was contrary to constitutional safeguards laid down under Article 21 and 22  and was in contravention of statutory scheme of Jammu and Kashmir Public Safety Act, 1978.

She demands following in her plea

a) Issue a writ in nature of habeas corpus or any or appropriate writ directing Respondents to produce detenu, Prof. Saifuddin Soz, before this Hon’ble Court; and/or

b) Issue an appropriate writ, direction or order quashing detention order(s) passed against detenue; and/or

c) Issue a writ of mandamus directing Respondents to release detenue, Prof. Saifuddin Soz, forthwith; and/or

d) Pass such or or furr orders as this Hon’ble Court may deem fit and proper in facts and circumstances of case as well as in interest of justice.

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Kashmiri leers detention

Citing precautionary measure, Government of India last year h put several political leers from Jammu and Kashmir under house arrest ahe of abrogation of Article 370. government of almost after seven months of detention, on March 13 this year, released NC chief J&K Farooq Abdullah. Days after Farooq's release, his son and former CM Omar Abdullah was also released on March 24. Both h been booked under PSA and after ir release urged government to release or leers. 

However, on April 7, J&K ministration shifted former Chief Minister of Jammu and Kashmir and PDP chief Mehbooba Mufti, to her own residence but said that her detention under PSA will continue. petition challenging PSA slapped against her is still pending. Amidst current Coronavirus pandemic, Centre has also issued new domicile laws and is gearing up for delimitation process of newly bifurcated Union territories - Jammu- Kashmir and Lakh. 

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