SC closes plea against detention of former Minister in J&K on Centre's denial

The Supreme Court on Wednesday declined to consider further a plea by former Union Minister Prof Saifuddin Soz's wife against his detention in Jammu and Kashmir with the abrogation of Article 370 of the Constitution on August 5, 2019.

A bench presided over by Justice Arun Mishra took into consideration an affidavit by the Special Secretary, Home, Jammu and Kashmir, stating that neither has he been detained, nor has any restrictions imposed on his movement.

The administration also claimed that the charges of detention and house arrest of Prof Soz are "false, frivolous and baseless". It also submitted that none of the fundamental or constitutional or statutory of his has been violated. It also pointed out Prof Soz has in fact travelled outside Jammu and Kashmir several times and visited Delhi as well during the period.

Though senior advocate A M Singhvi, appearing for the petitioner, contended that the assertion was contrary to fact, the court preferred to dispose of the matter.

On June 8, the court sought a response from the Union government and Jammu and Kashmir administration on the petition filed by Mumtazunnisa Soz.

In the petition filed by advocate Sunil Fernandes, Mumtazunnisa Soz contended the octogenarian leader has been illegally and arbitrarily detained for over past ten months purportedly under the Jammu and Kashmir Public Safety Act, 1978 without having been provided with the materials indicating grounds for it.

"All efforts by him to obtain a copy of the detention order have been of no avail due to the illegal, arbitrary exercise of powers by the Jammu and Kashmir administration," she claimed in the petition.

Her plea claimed that the detention was not only illegal, malafide and unconstitutional, it was also extremely appalling.

The petitioner contended that the house arrest ordered against Prof Soz was also "arbitrary, whimsical and fanciful deserves to be quashed on the anvil of Articles 14, 21 and 22 of the Constitution".

She also pointed out Prof Soz has not committed a breach of peace, neither has he disturbed the public tranquility, nor is he likely to do any wrongful act that will occasion a breach of peace or cause any disturbance of public tranquility.

Several senior politicians of Jammu and Kashmir were put under detention in August, last. Former Ministers Farooq Abdullah and his son Omar Abdullah were subsequently released. Former Chief Minister Mahbooba Mufti's daughter Iltija has also challenged her mother detention before the top court.