| HC dismisses petition challenging house arrest of Mustafa Kamaal, ors | | | Early Times Report
SRINAGAR, Nov 5: In a petition filed by Muzafar Ahmad Shah son of Late Ghulam Mohammad Shah; Begum Khalida Shah widow of Late Ghulam Mohammad Shah; and Dr Mustaffa Kamal son of Late Sheikh Mohammad Abdullah, residents of 10 Moulana Azad Road, Srinagar, with the prayer to direct the respondents to lift all kinds of restraints and curbs and remove security forces from the residential houses of the petitioners, and set them free from house arrest/detention.
Justice Ali Mohammad Magrey after hearing both the sides dismiss the petition with the observations that Writ Court is neither to hold an enquiry into the allegations made in a petition, nor take oral evidence. In writ proceedings, a fact is to be supported and proved by authentic documentary evidence. Press cuttings cannot be relied upon as authentic documentary evidence. Further, a Writ Court cannot hold enquiry into disputed facts. Once facts are disputed, the writ petition is rendered not maintainable. In such circumstances, the only option available to a Writ Court is to dismiss the writ petition, leaving the party concerned free to take recourse to appropriate remedy.
Court observed that it is alleged in the petition that the petitioners have been unlawfully detained and kept under house arrest at their own residential house since 05.08.2019.
Court further observed that on 23.10.2019 the State counsel produced photocopy of a communication no. DMS/Jud/APPIL/2019 dated 23.10.2019, written by the Additional Deputy Commissioner, Srinagar, to Mr. B. A. Dar, learned Sr. AAG enclosing there under a copy of the communication bearing no.Lgl/OWP-Misc/19/8400-8402 dated 21.10.2019, written by Senior Superintendent of Police, Srinagar, to the Inspector General of Police, Kashmir, Zone, Srinagar. Therein, it was stated that the petitioners named in the petition have neither been put under house arrest at 10 Moulana Azad Road on 05.08.2019, nor their liberty has been curbed / jeopardised.
Justice Ali Mohammad Magrey further observed that in the backdrop of the above communications, the State counsel sought dismissal of the writ petition.
Court on perusal of the communication of the Senior Superintendent of Police, taking a clear stand that the petitioners have neither been put under house arrest, nor their liberty has been curbed / jeopardised, and on hearing the learned State counsel, this Court was convinced that this petition was unnecessary. -JNF |
|
