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

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

READ | Saifuddin Soz's wife files habeas corpus plea in SC seeking his release from house arrest

Saifuddin Soz’s wife habeas corpus plea

On May 29, Mumtazunnisa Soz filed a habeas corpus plea in the Supreme Court seeking the release of her husband. According to her, the former Union Minister was informed by his security guards of his house arrest on the morning of August 5, 2019, when the Presidential order revoking the special status of Jammu and Kashmir was passed. She contended that a copy of his detention orders had not been provided to him despite Saifuddin Soz's repeated attempts. Citing his political career which includes his tenure as Union Water Resources Minister and the 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 not just illegal, 'malafide, and unconstitutional but also appalling'. The senior Congress leader's wife maintained that Soz's detention was contrary to the constitutional safeguards laid down under Article 21 and 22  and was in contravention of the statutory scheme of the Jammu and Kashmir Public Safety Act, 1978.

She demands the following in her plea

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

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

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

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

READ | J&K admin revokes PSA against Shah Faesal & 2 PDP leaders; all released from detention

Kashmiri leaders detention

Citing precautionary measure, the Government of India last year had put several political leaders from Jammu and Kashmir under house arrest ahead of abrogation of Article 370. The 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 had been booked under PSA and after their release urged the government to release other leaders. 

However, on April 7, the J&K administration 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. The petition challenging the PSA slapped against her is still pending. Amidst the current Coronavirus pandemic, the Centre has also issued new domicile laws and is gearing up for the delimitation process of the newly bifurcated Union territories - Jammu- Kashmir and Ladakh. 

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