Srinagar: JKANC President Begum Khalida Shah, Dr Mustafa Kamal, Addtional General Secretary National Confrence and Muzzafar Shah, Sr VP JKANC have challenged their illegal & unconstitutional house arrest under verbal orders from 5 th August 2019 upto 3 rd March 2020 without any cause or reason, jeopardizing their Constitutionally guaranteed secured Rights of Liberty & free movement constituting a willful/malafide criminal act.
This was stated by ANC Sr VP Mr Muzzafar Shah in Srinagar today while releasing the copy of the said that a Legal Notice has been served upon Union Home Secretary, Govt of India, Commissioner/ Secretary Home, UT of J& K, DGP J&K, DC Srinagar, Dy SP Security Central Pool, SHO PS Kothi Bagh, Ten PSO’s C/o SSP Security Kashmir, on behalf of Begum Khalida Shah,
Muzaffar said that this legal action on our part will act as a deterrent against the Govt and its officials at the helm of administration so as to adhere to the law of the land & the officials of the State who are guilty of misusing lawful powers / positions as a tool to curb Civil & Constitutional rights and liberty of innocent people by trampling upon their Constitutional & legal rights without any cause, considering themselves above the law.
The ANC Sr VP stated that such acts attract criminal liability with a minimum seven years imprisonment for misuse of power & misuse of authority & that filing such criminal & civil nature of cases against such individuals of the state/central authorities holding howsoever high positions is to make them liable for their conduct, misuse & contravention of the statutory law & Justice. They will have to face the consequences for their misdeeds which may follow as a result of the criminal nature of litigation/cases against them in future, he said.
Right now there are thousands of innocent persons including minors languishing in jails within & outside J&K without any cases registered against them including former MP’s, legislators, Kashmir Bar president and others. This kind of attitude and conduct are speaking volumes of the mockery of democracy & gross violation of Constitutional & human rights.
Mr Shah stated that we are paving way for everybody who have been or continue to remain under illegal detention and to take recourse to law for appropriate remedies available to them and demand compensation if they desire apart from criminal action as is done in our case for compensation of 2 Crores each for Begum Khalida Shah & Dr Mustafa Kamal & 10 Crores for Muzzafar Shah, to act as a deterrent against such illegal/ Un- Constitutional acts.
The Hon’ble High Court of J & K & the Hon’ble Supreme Court of India as the custodians of the People’s Civil Liberty Rights as enshrined in the Constitution may take Suo Moto cognizance with respect to the illegal detentions & seek report of all the detainees held up in various jails/ house arrest inside J&K & across the country so as to ensure their release.

KR Desk