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Arguing the case of the continuing detention of Kashmir Bar Association president Mian Abdul Qayoom, Senior Advocate Dushyant Dave stridently opposed a prayer for adjournment and said in the Supreme Court today (July 23): “Habeas Corpus petitions cannot be delayed and dragged in this manner.”

Qayoom was detained on August 5 last year, the day the Centre announced the scrapping of Article 370, and has since remained under detention. He was shifted to a jail in Agra, where his health deteriorated. He was then shifted to Delhi’s Tihar Jail. 

The adjournment was sought by Solicitor General Tushar Mehta, who submitted that the issue of Qayoom’s detention is under consideration and that he will soon have a reply from the concerned authority.

Dave argued that if required “then the Solicitor General can secure instructions within 24 hours, and the matter can be listed tomorrow. I am willing to argue on Merits.”

The bench of Justices Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha Bose, however, adjourned the matter till July 27, directing the Solicitor General to obtain instructions on the issue.

The Jammu and Kashmir High Court in May had upheld the government’s orders relating to preventive detention of Senior Advocate Qayoom under the J& K Public Safety Act, 1978. The Court had held that he has a tendency of disturbing law and order and thus it will not be appropriate to interfere with impugned order of detention.

– India Legal Bureau

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