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Home Constitutional News Courts Shah Faesal case: J&K Govt submits affidavit, says detention was under Magistrate’s order

Shah Faesal case: J&K Govt submits affidavit, says detention was under Magistrate’s order

Shah Faesal case: J&K Govt submits affidavit, says detention was under Magistrate’s order
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Delhi High Court has sought Centre’s response on Shah Faesal’s plea by 1st September to give him copy of the Look Out Circular based on which he was detained at the IGI airport and brought to Srinagar where he is currently under arrest. The habeas corpus matter is already listed for 3rd September hearing.

Jammu & Kashmir Government filed an affidavit before the Delhi HC yesterday stating that Shah Faesal is not under the unlawful custody as he was legally detained pursuant to an order passed by First Class Magistrate under Section 107 read with Section 151 CRPC & he was arrested upon the arrival at Srinagar Airport.

Shah Faesal has also moved an application under Section 482 before the Delhi High Court division bench of Justices Manmohan & Sangita Dhingra Sehgal in the pending habeas corpus case. The application sought a copy of the Look Out Circular based on which Shah was detained at the IGI Airport. Shah has contended that he was forcefully and illegally offloaded and taken into custody at the Delhi Airport by the Government authorities in violation of his fundamental right under Article 21, it becomes imperative in the least to provide a copy of the alleged Look Out Circular to him.

The affidavit filed by the J&K Government states that Delhi High Court is not the right forum for applying for writ of habeas corpus because Shah was arrested in Srinagar, based on order issued by a Magistrate in J&K as also the fact that Shah is currently in Srinagar.

The affidavit also states that besides buying tickets connecting India to the USA, Shah has placed no material on record to show his intention to go study in Harvard University. He has a valid tourist visa for 10 years where he should have had a student visa for actually pursuing an academic course in Harvard University.

It also calls Shah’s travel plans ‘a false façade’ as in his petition he has averred that he intended to challenge abrogation of Article 370 in Supreme Court and had taken step towards it.  “It is not conceivable that the founder president of a political outfit would prepare and affirm a petition on 13th August, 2019 and without filing the same, would seek to leave the country for an academic course on 14th August, 2019, more particularly when the petitioner had been very active in garnering the support of leaders of other political outfits for the purpose of opposing any move pertaining to the status of J&K.”

The Look Out Circular, issued by the Intelligence Bureau upon a request from J&K Police, prevented Shah from travelling outside India. Upon arrival at the Srinagar airport, Shah Faesal started addressing and hence instigating a gathering of people at the airport, having the potential of breach of peace. Airport authorities and the police personnel witnessed the same. Shah was thus arrested immediately upon verbal orders of the Executive Magistrate, 1st class, Budgam who holds territorial jurisdiction of the airport. Shah refused to furnish bond as per applicable laws.

Shah Faesal’s application seeking copy of Look Out Circular was heard in court today.

–India Legal Bureau

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