Early Times Report
JAMMU, Oct 11: In a petition filed by Ghulam Ahmed Mir, President of Jammu and Kashmir Pradesh Congress Committee, seeking directions from this Court to the respondents to remove unreasonable restrictions imposed on the petitioner by the State restricting the right of free mobility, speech and expression of the petitioner in the nature of house arrest and further allowing the petitioner to perform his political responsibilities as President of Jammu and Kashmir Pradesh Congress Committee.
Justice Rajesh Bindal of J&K High Court Jammu Wing after hearing Advocates KK Pangotra and Shah Mohammad Choudhary issued notices to State of Jammu and Kashmir through Principal Secretary, Department of Home, Civil Secretariat, Srinagar, Chief Electoral Officer, J&K, Srinagar, Director General of Police, J&K State, Srinagar, District Magistrate, Jammu, Sr. Superintendent of Police, District Jammu and Superintendent of Police Jammu (South), Jammu.
During the course of hearing Advocates appearing for Mir submitted that pursuant to Presidential Order issued by the President of India, abrogating of Article 370 of Constitution of India as applicable to State of J&K, on 16-08-2019, the petitioner was house arrested at his above said residence, his movements were restricted /curtailed by the State Government without any formal order, justification and reasonableness.
Since then the petitioner is under house arrest and is not allowed to move out of his residential house and even not to meet any person including the leaders and workers of Congress Party in view of imposition of unreasonable, arbitrary and unconstitutional restrictions referred hereinabove.
It is further submitted that on 01-10-2019, the Chief Election Commissioner has issued a notification under Rule 102-A of the Jammu and Kashmir Panchayati Raj Rules, 1996, calling upon elected members of all the Halqa Panchayats of blocks to elect the Chairperson of the Block Development Councils and has announced the schedule for elections in the State.
In the petition it has been submitted that the petitioner is not being allowed by the respondents to move to Kashmir Valley for making selection/nomination of candidates belonging to Congress Party for ensuing BDC elections in the State in consultation with the other senior functionaries of the party. It is submitted that the other senior leaders of party namely Saif-ud-Din Soz (former Union Minister & ex-PCC President), Peerzada Mohd Syed (former PCC President & Cabinet Minister), Taj Mohi-Ud-Din (former Cabinet Minister), Haji Abdul Rashid Dar, Usman Majeed, Mohd Ameen Bhat and Gulzar Ahmad Wani (all ex-MLAs) and dozens of other leaders have also been detained in their respective houses and since the election process for conducting of Block Development Councils (BDCs) elections in the State has been set in motion to strengthen the Panchayati Raj institutions in the State to ensure devolution of powers to the basic unit of democracy at gross-root level.
It is further submitted that the participation of people particularly their elected representatives in the election is the basic essence of democracy and without participation of people, the democracy is nothing but a farce and due to imposition of undeclared, unjustified, unreasonable and illegal restrictions imposed by the State on the free movement, speech and expression of petitioner and other senior party functionaries mentioned hereinabove, the participation of the INC candidates in the said election has virtually been made impossible by the state.(JNF) |
