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Bureaucrat-turned-politician from Jammu & Kashmir, Shah Faesal has moved the Delhi High Court seeking a copy of the Look Out Circular (LOC) issued against him.
At the request of the counsel, Vikas Mahajan, a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal has allowed the Central Government to file its response.
The application was filed after the Jammu & Kashmir Government filed an affidavit before Court stating that an LOC was issued against Shah Faesal by the Intelligence Bureau (IB) on August 12 at the request of J&K Police (CID Wing) in order to prevent him from leaving the country in view of the abrogation of Article 370 of the Constitution of India.
While seeking a copy of the LOC to enable filing a rejoinder to J&K’s response, Shah Faesal’s Advocate Warisha Farasat argued that an LOC did not empower anyone to arrest or detain a person but was limited to stopping a person from leaving the country.
She further alleged that the J&K Government’s claim that Shah Faesal began inciting a gathering of people at the Srinagar Airport was absurd as there was nobody at the Airport when Shah Faesal arrived.
Asserting that the arrival and departure at the Airport were at different spots and the Airport was empty in view of Independence day and the lockdown, Farasat said,
“There was nobody at the Airport .. who was he inciting at the Airport? CRPF personnel?“
Farasat thus alleged that Shah Faesal has been booked in a false case.
Shah Faesal had filed a habeas corpus petition before the Delhi High Court earlier this month seeking his immediate release.
The J&K Govt has submitted that Shah Faesal was not under “unauthorized custody” as he was lawfully detained after his arrival in Srinagar pursuant to an order passed by an Executive Magistrate under Sections 107 read with Section 151 of the Code of Criminal Procedure on August 14.
The matter will be taken up next on September 3.