SC seeks J&K govt’s response in plea challenging detention of Congress leader Saifuddin Soz
On May 29, Mumtazunnisa Soz, wife of former Union Minister Saifuddin Soz, moved the SC that he was put under house arrest since August 2019 despite never being informed of the grounds of detention
The Supreme Court on Monday issued notice to the Government of Jammu & Kashmir in a habeas corpus petition challenging the "unlawful" detention of former Congress leader Saifuddin Soz after the abrogation of Article 370, reports BarandBench.com.
Notice was issued by the Bench of Justices Arun Mishra and Indira Banerjee.
On May 29, Mumtazunnisa Soz, wife of former Union Minister Saifuddin Soz, moved the SC that he was put under house arrest since August 2019 despite never being informed of the grounds of detention.
It is claimed in the plea 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, argued by Senior Advocate Abhishek Manu Singhvi, stressed on a shorter date for hearing.
The two-judge Bench stated that though the reply by the Government of J&K will be filed in two weeks, the matter will be heard in the second week of July.
The plea states that efforts by Soz to obtain a copy of the detention order(s) have been of no use due to the illegal, arbitrary exercise of powers by the Union Territory of J&K.
The plea reads, "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 of the reasons for such order.
The plea also averred that Soz "has no criminal antecedents and past", thus making it clear that there were no cogent reasons for his detention.