HC seeks government response on detention of ANC, NC politicians

Srinagar: The Jammu and Kashmir High court on Monday sought a response from the government on detention of Awami National Conference (ANC) and National Conference (NC) leaders.
The direction was passed after a challenge was thrown to the police claim stating that the leaders namely Muzaffar Ahmad Shah, Begum Khalida Shah and Sheikh Mustafa Kamal have neither been put under house arrest nor their liberty has been curbed or jeopardised.
The court of Chief Justice Gita Mittal and Justice Sindhu Sharma while allowing the appeal on Monday issued notice to Commissioner/ Secretary Home Department JK, Director General of Police Kashmir and DC Srinagar to file a response within three days on detaining political leaders of ANC and NC.
Earlier on November 5, the court of Justice Ali Mohammad Magrey had dismissed the petition on the ground that the remedy sought by the petitioner be raised at appropriate platform.
The court had said that a writ court cannot hold enquiry into disputed facts.
On Monday, advocate Mohammad Shafi representing petitioners argued before the Division Bench of the court that since August 5 the political leaders named in the petition have been detained unlawfully and have been kept under house arrest at their own residential houses.
He argued that the police claim that the leaders are free and not detained is a lie which is supported by the fact that on October 24 the petitioners wanted to move out of their house, but were stopped by a huge contingent of police. This was witnessed by two sitting MPs , namely retired Justice Hasnain Masoodi and Mohammad Akbar Lone who had come to meet the petitioners but were not allowed.
The court while hearing the advocate observed let government come with response first and listed the case again on December 30.

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