‘Srinagar, Aug 27: A legal Notice has been served upon Union Home Secretary, Govt of India, Commissioner Secretary Home, DGP Jammu and Kashmir, DC Srinagar, Dy SP Security Central Pool, SHO PS Kothi Bagh, Ten PSO’s C/o SSP Security Kashmir, on behalf of Begum Khalida Shah, JKANC President, daughter of former Jammu Kashmir Prime Minister late Sheikh Muhammad Abdullah, former Chief Minister JandK State, Dr Mustafa Kamal, Additional General Secretary NC, son of Late Sheikh Muhammad Abdullah and Muzzafar Shah, senior vice president Jammu Kashmir Awami National Conference challenging their illegal and unconstitutional house arrest under verbal orders from 5th August 2019 upto 3rd March 2020 without any cause or reason, jeopardizing their Constitutionally guaranteed secured Rights of Liberty and free movement constituting a willful and malafide criminal act.
This was stated by Muzzafar Shah in Srinagar today while releasing the copy of the said Legal Notice to the Media.
“This legal action on our part will act as a deterrent against the Government and its officials at the helm of administration so as to adhere to the law of the land and the officials of the State who are guilty of misusing lawful powers and positions as a tool to curb Civil and Constitutional rights and liberty of innocent people by trampling upon their Constitutional and legal rights without any cause, considering themselves above the law.”
The ANC senior vice president stated that such acts attract criminal liability with a minimum 7 years imprisonment for misuse of power and misuse of authority and that filing such criminal and civil nature of cases against such individuals of the state and central authorities holding howsoever high positions is to make them liable for their conduct, misuse and contravention of the statutory law and Justice. They will have to face the consequences for their misdeeds which may follow as a result of the criminal nature of litigation, cases against them in future, he said.
Right now there are thousands of innocent persons including minors languishing in jails within and outside JandK without any cases registered against them including former MP’s, legislators, Kashmir Bar president and others. This kind of attitude and conduct are speaking volumes of the mockery of democracy and gross violation of Constitutional and human rights.
Shah according to KNT stated that they are paving way for everybody who have been or continue to remain under illegal detention and to take recourse to law for appropriate remedies available to them and demand compensation if they desire apart from criminal action as is done in our case for compensation of 2 Crores each for Begum Khalida Shah and Dr Mustafa Kamal and 10 Crores for Muzzafar Shah, to act as a deterrent against such illegal and Un- Constitutional acts.
The High Court of Jammu and Kashmir and the Supreme Court of India as the custodians of the People’s Civil Liberty Rights as enshrined in the Constitution may take Suo Moto cognizance with respect to the illegal detentions and seek report of all the detainees held up in various jails/ house arrest inside JandK and across the country so as to ensure their release.