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Lawyers suspend work to support colleague
Notice to CS, DGP in habeas corpus petition
8/10/2007 12:12:08 AM
Jammu, Aug 9: Amidst a strike by lawyers, a habeas corpus petition was filed against the alleged detentions of HC Jhalmeria Advocate and Secretary JKNPP, PK Ganjoo Publicity Secretary JKNPP and Anita Thakur General Secretary JKNPP seeking direction to produce above said persons in the court.

Justice YP Nargotra of Jammu & Kashmir High Court Jammu wing in the open Court after hearing Petitioner Bharat Bhushan Kotwal an Advocate of the High Court and Vice-Chairman of the State Legal Aid Committee J&K; issued notice to State of J&K through Chief Secretary, Commissioner/Secretary Home, Director General of Police, SP Udhampur, SDPO Katra and SHO P/S Katra, the notices was accepted by the Deputy AG Mr. AS Dogra on behalf of respondents, Court directed that he shall file counter affidavit within a week's time.

Meanwhile, on the call of Bar Association Jammu, the lawyers today abstained from Courts. The Secretary BAR Association Jammu Pawan Maini claimed that all the members of the BAJ have not appeared in the Court. Due to non-appearance of lawyers the work in the High Court and subordinate Courts Jammu suffered.

The Bar Association had yesterday given strike call for today against the seriously injured and arrest of an Advocate of the High Court Mr. HC Jhalmeria by the police at Katra. Lawyer's strike for only one day as per the Secretary BAJ and from tomorrow the advocates will function as usual.

The petitioner BB Kotwal an Advocate of State High Court after taking the permission from the Bar has appeared in the Court in a habeas corpus petition against the illegal constitutional, improper and malafide arrests and detentions of three leaders of Jammu and Kashmir National Panthers Party under the direction of the respondents at Katra and some other unknown places and for the issuance of appropriate directions to produce the petitioners before the Court and set them at liberty forthwith in the interest of justice and further seeking direction to the respondents to pay them heavy compensation in the light of judgment of the Supreme Court in a case of Bhim Singh VS State of J&K.

In the petition it has been submitted that on August 7, 2007 at the behest SP, SDPO Katra, the SHO P/S Katra ordered can charging, tear gas shells firing on the peaceful workers of JKNPP and Migrants of Talwara families at Katra resulting into seriously injuring HC Jhalmeria, PK Ganjoo, Anita Thakur and dozens of lady migrants, men and children. It was also submitted that the migrants demanded the implementation of judgment of J&K High Court and judgment of Supreme Court of India to provide and facilitate the Jammu migrant at par with Kashmiri migrant. The police have locked an cordoned migrants of Talwara Camp near Katra and the heavy police contingent is not allowing them proceeds towards Jammu to appear before the High Court and also to proceed to New-Delhi to appear before the Supreme Court of India and Home Minister, Govt of India for implementation of their demands and also various judgments passed in their favour.

In the petition it has been prayed before the Court for issuance direction to the respondents to produce the petitioners before the High Court and set them at liberty forthwith and also seeking direction for call the entire record and the proceedings that led the bloody situation at Katra and the petitioner also seeking direction to the respondents for register a criminal case under the provisions of Criminal Law for seriously injuring several persons.
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