Saifuddin Soz wasn’t under detention, says J&K; SC disposes of plea for his release

Tribune News Service 
New Delhi, July 29 

Two months after Congress leader and former Union Minister Saifuddin Soz’s wife moved the Supreme Court challenging his “detention” since nullification of Article 370 in August 2019, the Jammu and Kashmir Administration on Wednesday said he was never “detained”.

Taking note of the submission of the UT Administration, a Bench headed by Justice Arun Mishra disposed of the Habeas Corpus petition filed by Mumtazunnisa Soz seeking her husband’s release.

“There is no restriction on movement of Prof Saifuddin Soz to any place, subject to security clearance which is contingent upon law and order and security situation of that area… Prof Soz has never been placed under any detention, as alleged,” Special Secretary, Home, said in an affidavit filed in the top court.

There was no question arises of giving a copy of the detention order to Soz and his family as there was “no such order has ever been passed”, it said.

Admitting that there was a general restriction on movement of people on August 5, 2019, following nullification of Article 370, the affidavit asserted Soz was never detained or his movements restricted by passing an order.

On behalf of the petitioner, senior counsel Abhishek Manu Singhvi sought to contradict the official version, asserting that Soz was kept in illegal house detention.

“Now they say there is no detention,” he wondered.

However, the Bench was in no mood to entertain the petition. “In view of the reply filed, the plea is disposed of. We will not entertain it any further,” the Bench said.

The Supreme Court had on July 16 had deferred hearing on the petition challenging Soz’s detention to July 29 after J&K Administration said it needed more time to file its reply.

The top court had on June 8 issued notice to Jammu and Kashmir Administration on a petition filed by Mumtazunnisa Soz challenging his detention since nullification of Article 370.

Mumtazunnisa Soz had contended that her husband—a former MP from the Baramulla Lok Sabha constituency was picked up by the police on the morning of August 5 and he had been “illegally” detained without being informed about the grounds of his detention.