The Jammu & Kashmir High Court on Tuesday directed three close relatives of National Conference (NC) patron Farooq Abdullah “to prove their house detentions” after the police denied detaining them since the August 5 decision to revoke J&K’s special status.
Dismissing a petition challenging “restraints and house detention” by Dr. Abdullah’s brother Mustafa Kamal, sister Begum Khalida Shah and nephew Muzzaffar Shah, Justice Ali Mohammed Magray observed: “The petition is not maintainable and is unnecessary after communication submitted by Senior Superintendent of Police Srinagar stated that petitioners have neither been put under house arrest nor their liberty has been curbed.”
The petitioners’ counsel had submitted to the court that the trio had been kept under house arrest at their residences in Srinagar since August 5.
“The petitioners are at liberty to prove their arrest before the proper forum and in appropriate proceedings,” the court observed.
In its extraordinary writ jurisdiction under Article 226 of the Constitution of India, a writ court is neither to hold an inquiry into the allegations made in a petition, nor take oral evidence, the court held.
“A fact is to be supported and proved by authentic documentary evidence,” Justice Magray said in his order. “Press cuttings cannot be relied upon as authentic documentary evidence,” he added.
A writ court cannot hold an inquiry into disputed facts. Once facts are disputed, the writ petition is rendered not maintainable, the court added.
In his response, Mr. Shah said the media was witness to the manner in which two sitting Members of Parliament of the National Conference party were not allowed to meet the three relatives of Dr. Abdullah at their residences. “I have produced newspaper clips of the same,” said Mr. Shah, adding that he had video evidence too. “We have also a video of it. I will take this matter to the Supreme Court. This is a shame for a democracy that people were being locked up. Why do they [administration] have no guts to say we were detained? My mother was a freedom fighter. Do you think she will lie and they will speak the truth,” he asked.
