Omar Abdullah (L) and Dr Farooq Abdullah (R)
Omar Abdullah (L) and Dr Farooq Abdullah (R)
Litigation News

Farooq and Omar Abdullah move Jammu & Kashmir HC for release of 16 National Conference leaders detained following Article 370 abrogation

In the plea filed for 82-year-old Nasir Aslam Wani by Farooq Abdullah, it is contended that the 11-month detention is illegal, unlawful and violative of Articles 21 and 22 of the Constitution.

Meera Emmanuel

The Jammu & Kashmir High Court has been moved for the release of 16 members of the National Conference who were detained last year in the wake of the abrogation of Article 370 of the Constitution.

The habeas corpus pleas have been moved by President of the National Conference Party, Dr Farooq Abdullah and his son Omar Abdullah, both of whom were similarly detained but released in March this year.

The pleas moved by the Abdullahs through Advocate Shariq J Reyaz now seek the release of their colleagues, which reportedly include Ali Mohammad Sagar, Abdul Rahim Rather, Nasir Aslam Wani, Aga Syed Mehmood, Mohammad Khalil Bandh, Irfan Shah, Sahmeema Firdous, Mohammad Shafi Uri, Aga Syed Ruhullah Mehdi, Chaudhary Mohammad Ramzaan, Mubarak Gul, Dr Bashir Veeri, Abdul Majeed Larmi, Basharat Bukhari, Saifudin Bhat Shutru and Mohammad Shafi.

In the plea filed for 82-year-old Nasir Aslam Wani by Farooq Abdullah, it is contended that the 11-month detention is illegal, unlawful and violative of Articles 21 and 22 of the Constitution (Nasir Aslam Wani v. UT of J&K and ors).

It is highlighted that Wani was placed under house arrest without disclosing a cause or serving any order to justify the arrest. Such continued detention, it is argued, is in brazen violation of Constitutional guarantees.

The petition adds that despite repeated requests that the state furnish the grounds on which the detention was made, the detainee has not been supplied or provided with any grounds and/or reasons for such continuous, indefinite and wrongful confinement. It is further submitted that such wrongful confinement is punishable under Section 342 of the Indian Penal Code.

Whereas a representation urging for Wani's release was made on June 30 to the Jammu & Kashmir authorities, it yielded no positive response.

Therefore, the High Court has now been urged to intervene for the release of Wani and 15 others similarly placed.

Read the Petition filed for Nasir Aslam Wani:

Nasir Aslam.Wani vs UT of JK.pdf
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