Justice Wasim Sadiq Nargal has allowed the authorities a week to submit their response. On March 6, the court allowed for the next hearing on Mirwaiz Umar Farooq’s habeas corpus petition.
New Delhi: The J &K High Court has issued a final warning to the Jammu & Kashmir (J&K) administration, mandating a response to the petition for habeas corpus regarding the alleged unlawful detention of All Parties Hurriyat Conference leader, Mirwaiz Umar Farooq.
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Justice Wasim Sadiq Nargal of the single-judge bench heard the matter on February 19 that the court had previously allotted a deadline until February 2 for Mohsin Qadri, the senior additional Advocate General of J&K, to present the state’s counterarguments against the petition filed by Mirwaiz.
“It is made clear, if reply is not filed, then the matter will be heard on the next date of hearing,”
court added.
Background
Mirwaiz Umar Farooq, the influential chairman of the moderate faction of the Hurriyat Conference, initiated legal proceedings last September to contest his detention, which has been described as arbitrary and unlawful since August 5, 2019. This was the date when Jammu and Kashmir underwent a significant change, being reorganized and demoted to union territory status.
Despite the reluctance and the unusual precedence given to this case due to the administration’s lack of response, the court has extended a final one-week deadline for the necessary actions to be taken, with a scheduled hearing on March 6.
The aide said that the Hurriyat leader has been allowed to attend family emergencies or social functions.
“But these visits have been few and far between. We have to seek permission from the local police 24 hours in advance,” said the aide.
The moderate Hurriyat leader also recently visited the national capital, reportedly due to “family reasons”,
“No one had a problem with him going to New Delhi. They are happy to see him out of Kashmir,” said the aide.
The court emphasized the urgency and finality of this extension, stating that a failure to respond would lead to the case proceeding to hearing on the next scheduled date.
Nazir Ahmad Ronga, a senior advocate representing Mirwaiz, has called for the court to order his release and to ensure the state respects his client’s personal freedoms as enshrined in the constitution.
After over four years, Mirwaiz was permitted to deliver a sermon in September last year, following the lifting of restrictions on his residence in Srinagar and at the Jamia Masjid, a major religious site in Kashmir. This decision came shortly after the high court ordered the state to address Mirwaiz’s habeas corpus petition, which claims he has been held in an unjust and unauthorized manner.
However, the easing of restrictions was short-lived, reportedly due to concerns over potential protests. Since then, Mirwaiz has faced renewed restrictions, including being barred from leading Friday prayers at the mosque.
According to Mirwaiz’s aide, despite the brief respite allowing him to attend prayers, the authorities have since prevented him from participating in religious gatherings, often delaying or denying permission without clear reasons.
“He has not been even informed as to why he has been detained nor has any ground of detention been provided to him,”
the petition filed in the high court
The management of Jamia Masjid, represented by an official from Anjuman Auqaf Jama Masjid (AAJM), expressed concern over these restrictions, especially with the approach of Ramzan, a period rich in religious events and gatherings.
Despite claims from J&K’s Lieutenant Governor Manoj Sinha that Mirwaiz is free to move as he pleases, reality seems to contradict these statements. Mirwaiz, a key figure in the dialogue between New Delhi and Islamabad over Kashmir, has reportedly been detained without formal orders or explanations for his detention, raising significant legal and human rights concerns.
