2,165 Habeas Corpus Petitions Filed Since Abrogation of Article 370 : Law Ministry

In response to a question raised by MP Hasnain Masoodi representing Anantnag, Jammu & Kashmir, the Law ministry has answered that 2,165 Habeas Corpus Petitions have been filed in the Jammu & Kashmir High Court and Supreme Court from August 2019 to 30th of June, 2023 from the Union Territory of Jammu and Kashmir. 

Masoodi also asked whether the disposal of Habeas Corpus petitions challenging detention orders under the Public Safety Act, 1978 in the Union Territory of J&K is being delayed and the petitions in most of the cases outlive the detention orders?

To which the Ministry replied:

“Detaining Authorities file requisite pleadings and ensure timely production of available records in the Hon’ble Courts besides ensuring the presence of Counsels on the date of hearings. All other requisite steps, wherever required, are being taken well within time to ensure early disposal of such petitions by the Hon’ble Courts.”

It is pertinent to note that Article 370 was abrogated on August 06, 2019 which was followed by complete communication blockade with strict curfew in the Union Territory.

Recently, On May 16, Supreme Court has disposed of the Habeas Corpus plea filed by CPI (M) General Secretary Sitaram Yechury in 2019, challenging the alleged illegal detention of former J&K MLA Mohammed Yousuf Tarigami in August 2019, soon after the special status of Jammu and Kashmir was abrogated.

The Court granted liberty to Tarigami to"adopt appropriate remedies in accordance with law" to seek compensation and other reliefs for his detention, which was contended to be carried out without the sanction of law.

In 2019, the Supreme Court had allowed Yechury to travel to Kashmir to meet detained party leader Tarigami to ascertain his whereabouts and medical welfare.

In another Habeas Corpus plea filed in the Supreme Court by a law graduate, seeking information about his parents in Kashmir, the Court had allowed to visit his parents in the Valley.

In June 2020, The Jammu and Kashmir High Court Bar Association, Srinagar wrote to the Chief Justice India, highlighting that since August 6, 2019, i.e. after the Abrogation of Article 370, more than 600 habeas corpus petitions have been filed before the High Court of UT of J&K at Srinagar and allegedly not even 1% of such cases had been decided by the J&K High Court by that time.

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