Delhi HC allows withdrawal of Habeas Corpus petition filed for release of Shah Faesal

Delhi HC allows withdrawal of Habeas Corpus petition filed for release of Shah Faesal

Aditi Singh

The Delhi High Court today allowed the withdrawal of the habeas corpus petition seeking the release of bureaucrat-turned-politician from Jammu & Kashmir Shah Faesal, after his wife informed the Court has she has received instructions from him to do the same.

Shah Faesal had moved the High Court on August 19 challenging his detention.

A Division Bench of Justices Manmohan and Sangita Dhingra Sehgal allowed the withdrawal of this petition.

The Court clarified that it had not expressed its opinion on the controversy or the arguments, and that Faesal was at liberty to pursue remedies under law at an appropriate time.

Solicitor General Tushar Mehta did not object to the withdrawal.

In his petition filed before the Court, Shah Faesal had submitted that he was “illegally picked up” from the airport when he was on his way to complete his fellowship at Harvard University, USA.

It was claimed that the circumstances of his illegal custody and his detention “effectively amount to abduction”. Faesal had also stated that no transit remand was sought in Delhi before he was “illegally whisked away to  Kashmir against his wishes”.

The Court was also informed that Shah Faesal was neither made aware of the charges against him, nor was an arrest memo or seizure memo or any other document provided.

Shah Faesal was represented by Advocate Warisha Farasat.

Apart from Faesal, several other political leaders from Jammu & Kashmir – including former Jammu and Kashmir Chief Ministers Mehbooba Mufti and Omar Abdullah – are currently under detention and house arrest since August 4.

A number of petitions have been filed in the Supreme Court challenging the detention of these leaders.  A couple of weeks ago, the Court had issued notice in petitions filed by Anuradha Bhasin and Tehseen Poonawalla. The latter petition seeks the release of political leaders placed under house arrest as well as the withdrawal of media restrictions and the communications shut down in Jammu & Kashmir

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