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| PIL is not maintainable as being a parallel litigation: DB | | | Early Times Report
JAMMU, Oct 14: In a Public Intrest Litigation has been filed by the petitioner invoking jurisdiction of this Court in view of the fact that about 2000 people have been detained and 253 habeas corpus petitions post lockdown have been filed. Amongst other reliefs sought by the petitioner, the star relief is for direction to the Union of India to bring into force the amendments made to Article 22 of the Constitution of India.
A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary while rejecting PIL as not maintable, with the observations PIL is not maintainable as being a parallel litigation. The petitioner has stated in this PIL that about 2000 people have been detained and 253 habeas corpus petitions after the lockdown have been filed by the affected persons.
Advocate General D.C Raina, has vehemently argued that as the persons who are detained under the Public Safety Act have already approached this Court by filing habeas corpus petitions questioning therein their detention orders, which fact is also admitted by the petitioner, therefore, the issue raised in this PIL cannot be considered as it would tantamount to double adjudication on the same issue.
DB observed that since the issue of detention of citizens as raised in this petition is already pending adjudication before this Court, therefore, in our considered opinion, this PIL is not maintainable as being a parallel litigation.
With these observations, DB observed this Public Interest Litigation is, accordingly, rejected being not maintainable. However, the leftover persons who have not challenged the detention orders passed against them under the Jammu and Kashmir Public Safety Act shall be at liberty to question the same, DB said. —JNF |
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