x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Wealth getting concentrated in hands of some rich: Gadkari | Srinagar records highest July temperature at 37.4 degrees | Satish Sharma monitors Shri Amarnathji Yatra convoy accident; ensures swift relief, medical response | Ensure quick resolution of public complaints: CM Yogi | DM visits Pargwal, reviews functioning of Revenue Department | Sakeena Itoo visits Nadimarg area | Waqf employees felicitate Dr Andrabi | Ajaz Jan visits District Hospital Poonch to Review Doctor Quarters, Identify Sites for Hospital Bunkers | Danger Looms in Udhampur: Unprotected Transformers Spark Safety Concerns | Sat Sharma releases "Raidass Vandana" aarti dedicated to Guru Ravidass | Kavinder meets former Jaipur Mayors, urges to join Amarnath Yatra | AIIMS Jammu Launches Neurosurgical Operative Services with Brain Tumor Surgery | Illegal structures used for bovine dumping demolished in Khanpura | I Hope To Live For 30-40 Years more: Dalai Lama | Election Commission holding regular dialogue with parties | Himachal becomes first state to launch Aadhaar-based face authentication | Interpretation Of Law, Constitution Has To Be Pragmatic: CJI Gavai | Rotary Club Jammu Elite celebrates Annapurna Day with Spirit of Service | 3 theft cases solved; 6 accused arrested | Director Forest Protection Force starts plantation drive | Two tractors seized for illegal mining | Javid Dar visits Nunwan base camp; inaugurates Waste Management facility | Bovine smuggling bid foiled; 5 bovines rescued | Railway Protection Force Bhopal takes swift action, accused arrested | 3-day Shri Sarthal Devi Ji Yatra culminates with Grand Shobha Yatra, Maha Yagya | SMVD Narayana Hospital performs Bilateral Knee Replacements in 88 years old patients | Doda police reunites mentally unsound person with his family | Free medical check-up camp organized | Directorate of Ayush mourns sad demise of Dr Tahir Mufti | 84 Bn CRPF helped in rescuing injured pilgrims of Shri Amarnath Ji Yatra | Renowned Heart Surgeon Dr Pankaj Goel joins Amandeep Group of Hospitals | Director Agriculture inaugurates Commercial Vermicompost Unit under HADP | Ravinder leads Congress protest in Sunderbani against SCARD bank , discrimination in road projects | Century of Sangh: RSS plans major outreach in J&K during Shatabdi celebrations | GOC interacts with veterans | Implement comprehensive safety measures for vehicles of pilgrims: LG Sinha to officers | 36 devotees sustain minor injuries after 5 buses collide in Ramban | ‘Op Sindoor Impact’: Bilawal Bhutto signals Pak’s willingness to hand over dreaded terrorists to India | Vijay Khanmotra elected Chairman Samba Photographers Union | CM Omar pays glowing tributes to Karbala martyrs | SIA files chargesheet in cross-border narco-terror case | Udhampur police seized 9 vehicles | Indian Army concludes Self Defense Training Workshop at Mendhar | Police register case over attempt to provoke unrest | Samba police seizes 4 dumpers for illegal mining | Nagrad deferred election | Decision on summer vacation extension today: Sakina Itoo | J&K Police attaches property | VC JU releases book “Happy Schools” emphasizing emotional well-being as core to education | ABRSM declares Kuldeep Kumar as new President of Zone Jourian | Parkash Purab of Sri Guru Hargobind Sahib Ji Celebrated with Devotion | NC felicitates newly appointed Additional Spokespersons | DBU hosts FDP on emerging AI tools for Agriculture Scientists and Educators | Sunil Dimple demands bill for restoration of Dogra State | MCM celebrates Vanmahotsav with plantation drive under 'Ek Paed Maa ke Naam' | Children and parents in digital fasting may be away from these technical means | Temple of learning? | Preventing Zoonotic Diseases: A Shared Responsibility | Divine Grace in Sacred Himalayas | Back Issues  
 
news details
Issuance of LOC was mala fide exercise of power, Shah Faesal tells Delhi HC
9/3/2019 9:41:13 PM
Agencies
New Delhi, Sept 3: Bureaucrat-turned-politician Shah Faesal, detained in Srinagar, told the Delhi High Court Tuesday that the Look Out Circular (LOC) issued against him was prima facie a mala fide exercise of power and no reasonable ground was made out for it.
The submissions filed on behalf of Faesal said a copy of the LOC was not provided to him and no details of the contents have been given in the Jammu and Kashmir government''s reply which submitted in response to his habeas corpus petition.
A bench of Justices Manmohan and Sangeeta Dhingra Sehgal listed the matter for further hearing on September 12 as the Solicitor General Tushar Mehta was not available for advancing arguments in the matter.
Opposing the state government''s preliminary objection on the maintainability of the petition that the Delhi High Court does not have the territorial jurisdiction to entertain the plea, Faesal said in the rejoinder that he was detained at the New Delhi Airport and was forcibly taken to Srinagar, so this court''s jurisdiction is clearly made out.
"It must be stated that the issuance of an LOC against the petitioner (Faesal) is a highly suspect exercise for which no reasonable ground is made out ... The issuance of the present LOC is therefore prima facie a completely malafide exercise of power," he stated in the rejoinder.
The submissions stated that when Faesal was illegally offloaded and detained at the Delhi airport, he was not informed of any ground on which such action has been taken against him.
"It is, therefore, clear that at the time of his illegal detention at Delhi airport, there were no legal grounds for stopping him from travelling to Harvard University," it said.
He termed as untrue, the version of the Jammu and Kashmir administration''s claim that on arrival at Srinagar airport, Faesal started addressing people present there.
Faesal was detained on August 14, a day before the Independence Day, and there was exceptionally heavy security in every part of Srinagar, especially at the airport and it is truly inconceivable that there could have been any large gathering of people which was even allowed to stand for a minute in the arrival terminal if at all there was any security risk, the rejoinder said.
Regarding Faesal''s claim that he was going to the US for studies when he was detained, the state government has said that he had obtained a tourist visa and not a student visa. The B1/B2 visa affixed on his passport not being a student visa does not entitle him to study in the US, it had said.
However, Faesal said personal liberty and the right to travel abroad are guaranteed to the citizens of India under the Constitution and any visa-related issues are within the purview only of the government of the foreign country to which travel is sought.
Besides the habeas corpus petition, Faesal has also filed an application seeking a copy of the LOC issued against him.
The former IAS officer claimed in his petition that he was on his way to Harvard University in the US for higher studies when he was illegally detained at the Delhi airport under the Public Safety Act (PSA). He was taken to Srinagar.
His counsel had contended that the LOC does not permit authorities to arrest Faesal and take him back to Srinagar even when he kept on insisting that he does not wish to go there as his wife and child were in Delhi itself.
The Jammu and Kashmir government had earlier claimed in its affidavit that Faesal "instigated" people gathered at Srinagar airport against the sovereignty and integrity of the country.
Faesal had no student visa, though he claimed that he was going to the US for studies, the state administration, through DIG, CKR, Srinagar, had said in an affidavit.
The affidavit was filed in response to the former IAS officer''s habeas corpus petition in which he alleged that he was illegally detained at Delhi airport on August 14 and taken back to Srinagar, where he has been kept under house arrest.
Faesal''s liberty is curtailed in accordance with statutory provisions and under an order passed by an executive magistrate in Budgam when he had refused to furnish a bond to keep peace, the administration had said, asserting that he was not in unauthorised custody.
The affidavit had stated that Faesal was apprehended on the spot on verbal orders of the executive magistrate who took action and asked him to furnish a bond of Rs 50,000 for keeping peace. He, however, refused to furnish the bond after which an order was passed by the magistrate, detaining the petitioner.
The state administration had said it is inconceivable that he would leave the country at this juncture to pursue an academic course in the US.
The administration had said the order of the executive magistrate to detain Faesal was not challenged by anyone.
It had said the petition mentioned that his wife met him at the detention centre. However, it is deliberately suppressed that he is housed in Hotel Centaur which is a posh hotel in Srinagar and she met him at the hotel.
In the aftermath of the Centre removing Jammu and Kashmir''s special status under Article 370 of the Constitution, Faesal had said the state was experiencing an "unprecedented" lockdown.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU