Shah Faesal, bureaucrat-turned-politician, detained in Srinagar, told Delhi High Court on Tuesday that Look Out Circular (LOC) issued against him was prima facie a mala fide exercise of power and reasonable ground was made out for it. submissions filed on behalf of Faesal said a copy of LOC was t provided to him and details of contents have been given in Jammu and Kashmir government's reply which submitted in response to his habeas corpus petition. A bench of Justices Manmohan and Sangeeta Dhingra Sehgal listed matter for furr hearing on September 12 as Solicitor General Tushar Mehta was t available for advancing arguments in matter.

Opposing state government's preliminary objection on maintainability of petition that Delhi High Court does t have territorial jurisdiction to entertain plea, Shah Faesal said in rejoinder that he was detained at New Delhi Airport and was forcibly taken to Srinagar, so this court's jurisdiction is clearly made out.

"It must be stated that issuance of an LOC against petitioner (Shah Faesal) is a highly suspect exercise for which reasonable ground is made out ... issuance of present LOC is refore prima facie a completely malafide exercise of power," he stated in rejoinder.

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submissions stated that when Shah Faesal was illegally offloaded and detained at Delhi airport, he was t informed of any ground on which such action has been taken against him. "It is, refore, clear that at time of his illegal detention at Delhi airport, re were legal grounds for stopping him from travelling to Harvard University," it said.

Shah Faesal's claim

He termed as untrue, version of Jammu and Kashmir administration's claim that on arrival at Srinagar airport, Shah Faesal started addressing people present re. Faesal was detained on August 14, a day before Independence Day, and re was exceptionally heavy security in every part of Srinagar, especially at airport and it is truly inconceivable that re could have been any large garing of people which was even allowed to stand for a minute in arrival terminal if at all re was any security risk, rejoinder said.

Regarding Faesal's claim that he was going to US for studies when he was detained, state government has said that he had obtained a tourist visa and t a student visa. B1/B2 visa affixed on his passport t being a student visa does t entitle him to study in US, it had said.

However, Shah Faesal said personal liberty and right to travel abroad are guaranteed to citizens of India under Constitution and any visa-related issues are within purview only of government of foreign country to which travel is sought. Besides habeas corpus petition, Faesal has also filed an application seeking a copy of LOC issued against him.

former IAS officer claimed in his petition that he was on his way to Harvard University in US for higher studies when he was illegally detained at Delhi airport under Public Safety Act (PSA). He was taken to Srinagar. His counsel had contended that LOC does t permit authorities to arrest Faesal and take him back to Srinagar even when he kept on insisting that he does t wish to go re as his wife and child were in Delhi itself.

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J&K govt's claim

Jammu and Kashmir government had earlier claimed in its affidavit that Shah Faesal "instigated" people gared at Srinagar airport against sovereignty and integrity of country. Faesal had student visa, though he claimed that he was going to US for studies, state administration, through DIG, CKR, Srinagar, had said in an affidavit.

affidavit was filed in response to former IAS officer's habeas corpus petition in which he alleged that he was illegally detained at Delhi airport on August 14 and taken back to Srinagar, where he has been kept under house arrest. Faesal's liberty is curtailed in accordance with statutory provisions and under an order passed by an executive magistrate in Budgam when he had refused to furnish a bond to keep peace, administration had said, asserting that he was t in unauthorised custody.

affidavit had stated that Faesal was apprehended on spot on verbal orders of executive magistrate who took action and asked him to furnish a bond of Rs 50,000 for keeping peace. He, however, refused to furnish bond after which an order was passed by magistrate, detaining petitioner.

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state administration had said it is inconceivable that he would leave country at this juncture to pursue an academic course in US. administration had said order of executive magistrate to detain Faesal was t challenged by anyone. It had said petition mentioned that his wife met him at detention centre. However, it is deliberately suppressed that he is housed in Hotel Centaur which is a posh hotel in Srinagar and she met him at hotel.

In aftermath of Centre removing Jammu and Kashmir's special status under Article 370 of Constitution, Faesal had said state was experiencing an "unprecedented" lockdown.