Saifuddin Soz and Supreme Court
Saifuddin Soz and Supreme Court
Litigation News

Habeas Corpus plea filed in Supreme Court challenging detention of former Congress leader Saifuddin Soz

Debayan Roy

A Habeas Corpus petition has been filed in the Supreme Court by the wife of Congress leader Saifuddin Soz, challenging his "unlawful" detention by the Government of Jammu & Kashmir. (Saifuddin Soz- Petition for Supreme Court)

Soz, who is an octogenarian and a former Member of Parliament from the Baramulla constituency, has been stated to be under house arrest since August 2019 despite never being informed of the grounds of detention.

Soz's wife, Mumtazunnisa Soz, claims that her husband was informed of the detention on the morning of August 5, when the Presidential order abrogating Article 370 was passed.

The plea, to be argued by Senior Advocate Abhishek Manu Singhvi, further states that all of Soz's attempts to get a copy of the detention order were fruitless.

"All efforts by him to obtain a copy of the detention order(s) have been of no avail due to the illegal, arbitrary exercise of powers by the Union Territory of J&K. His detention is wholly contrary and perverse to the constitutional safeguards laid down under Article 21 and 22, as well as the law on preventive detention."

The primary ground of challenge is violation of Article 22(5) of the Constitution of India, which provides that whenever an order is made for preventive detention, the authority shall immediately inform the detenue the reasons for such order.

Further, the petitioner also claims that since Soz was kept under "illegal" detention for over 10 months, the government was guilty of violating his right to life and personal liberty under Article 21.

It its also averred that Soz "has no criminal antecedents and past", thus making it clear that there were no cogent reasons for his detention.

Read the Petition here:

Saifuddin Soz- Petition for Supreme Court.docx
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