The Supreme Court on Monday issued notice to the Centre & the Jammu and Kashmir Administration on a Habeas Corpus petition challenging detention of former union minister and senior Congress leader Saifuddin Soz.
A two-Judge bench of the Supreme Court comprising of Justice Arun Mishra & Justice Indira Banerjee issued notice while hearing the plea filed on the behalf of Dr. Saifuddin Soz by his wife Mumtazunnisa Soz.
The petition challenges the Congress leader’s house arrest and prolonged detention since August 5, 2019 in Jammu and Kashmir.
Mumtazunnisa has filed a writ petition under Article 32 of the Consitution of India in the nature of a writ of habeas corpus for production of Prof. Saifuddin Soz before the Supreme Court and for an appropriate writ quashing the impugned order(s) of detention and/or further directions.
She has made Government of India and Government of Union Territory Jammu and Kashmir as respondents.
Senior advocates P. Chidambaram and Dr. Abhishek Manu Singhvi appeared for the petitioner and argued that “House arrest happened without a single document. They contended that Saifuddin Soz is member of the national party and now he is 82-year-old”.
The petitioner says that her husband is in house arrest in Kashmir since August 5 last year and despite passage of 10 months, he has not been told the reason for his house arrest.
The petition challenges Soz’s detention on the ground that “the Constitution of India, under Article 22(5), provides that when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest possible opportunity of making representation against the order”.
Soz was put under house arrest at his Srinagar residence on August 5 last year when Central Government passed a Presidential Order revoking the status of the (erstwhile) State of Jammu and Kashmir granted under Article 370 and 35A of the Constitution of India.