High Court seeks government response in plea challenging house arrest of Mirwaiz Umar Farooq
- Category: Criminal Cases
- Date 18-09-2023
The High Court of Jammu and Kashmir and Ladakh on Friday sought the government's response in a plea by religious cleric and political leader, Mirwaiz Molvi Mohammad Umar Farooq challenging his 'illegal' house arrest (Mirwaiz Molvi Mohammad Umar Farooq V/s UT of J&K).
Farooq was among the political leaders detained in August 2019 ahead of the Central government's decision to revoke the special status earlier conferred on Jammu and Kashmir by amending the application of Article 370 of the Constitution. He has remained under house arrest since then.
On September 15, Justice Rajneesh Oswal directed the government to file its response in the matter by the next date of the hearing.
Senior Advocate NA Ronga, who represented Farooq before the High Court, said that he has not been allowed by the government to come out of his house, located in Srinagar, for the last four years.
Ronga further contended that Farooq has been confined illegally since August 4, 2019, till date without any detention orders from a competent authority. This amounts to the violation of Farooq's fundamental right to life guaranteed under Article 21 of the Constitution of India, Ronga argued.
A legal notice was also earlier issued to government representatives, urging for Farooq's release from such illegal confinement to no avail, Ronga added.
It was further submitted that Farooq, being the religious head (Mirwaiz-E-Kashmir) has been working tirelessly for the promotion of good values and the eradication of social ills in the society. The Court was told that he has also been appreciated globally for his contributions time and again.
By confining him, he has been deprived of carrying out his noble mission. Thousands of people are also deprived of listening to his inspiring sermons on important religious occasions, including during the holy month of Ramadhan, Ronga argued.
On Friday, advocate Maha Majeed accepted notice in the matter on behalf of the Jammu and Kashmir government.