SC issues notice to J-K on Kashmiri woman’s plea against NRI husband’s detention

Tribune News Service

New Delhi, September 20

The Supreme Court on Friday issued notice to the Jammu and Kashmir administration on a petition filed by Asifa Mubeen challenging the detention of her NRI businessman husband Dr Mubeen Ahmad Shah following the abrogation of Article 370.

Dr Mubeen Ahmad Shah (61), a Malaysia-based NRI businessman, was detained on August 5 under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978, that has been invoked against many political leaders, including former chief minister Farooq Abdullah, in the troubled state.

A three-judge headed by Chief Justice of India Ranjan Gogoi asked the Jammu and Kashmir administration to respond to her habeas corpus petition in two weeks.

Alleging that Dr Shah had been wrongfully deprived of his right to liberty, senior counsel Raju Ramachandran requested the Bench on behalf of the petitioner to direct the authorities concerned to release him forthwith.

A medical practitioner by qualification, Dr Shah was a leading businessman by profession and he held several important positions, including that of the President of Chamber of Commerce, Srinagar, Ramachandran said, adding the detenu had no criminal antecedents.

“On the intervening night of August 4 and 5, Dr Shah was illegally arrested without any warrant from his residence at Buchwara, Dalgate, Srinagar, and taken to the local police station,” the petitioner said, adding that “he has been deprived of liberty for more than 40 days”.

On behalf of the Jammu and Kashmir administration, Solicitor General Tushar Mehta pointed out that Dr Shah’s brother had approached the state High Court even as Ramachandran denied it. Ramachandran said the petitioner has disclosed it in the petition that a matter is pending in the high court there.

”He has mentioned this in the petition. Grounds of detention have not been challenged there (in high court). He says that somebody else has filed it and they do not know about this,” the Bench noted.

The plea said that Shah is suffering from multiple ailments, including acute renal problem which has aggravated during his stay at Agra Jail.

The petitioner challenged the detention order contending that the grounds of his detention were too vague and cryptic and did not answer any of the imperatives as contemplated under the J&K Public Safety Act, 1978.