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HC issues notice to J&K govt on house arrest of President JKPCC

Kashmir Times. Dated: 10/12/2019 5:26:44 PM

JAMMU, Oct 11 (JNF): In a petition filed by Ghulam Ahmed Mir President of Jammu and Kashmir Pradesh Congress Committee, seeking directions from J&K High Court Court to remove “unreasonable restrictions” imposed on the petitioner by the State restricting the right of free mobility, speech and expression of the petitioner, the high court has issued notices to the state government.
Justice Rajesh Bindal of J&K High Court Jammu Wing after hearing Advocates KK Pangotra and Shah Mohammad Choudhary issued notices to State of Jammu and Kashmir through Principal Secretary, Department of Home, Civil Secretariat, Srinagar, Chief Electoral Officer, J&K, Srinagar, Director General of Police, J&K State, Srinagar, District Magistrate, Jammu, Sr. Superintendent of Police, District Jammu and Superintendent of Police Jammu (South), Jammu.
Mir has been under house arrest since the last two months. He has petitioned the court for his release and to allow him to perform his political responsibilities as President of Jammu and Kashmir Pradesh Congress Committee.
During the course of hearing, the advocate appearing for Mir submitted that pursuant to Presidential Order issued by the President of India, abrogating of Article 370 of Constitution of India as applicable to State of J&K, on 16-08-2019, the petitioner was house arrested at his above said residence, his movements were restricted /curtailed by the State Government without any formal order, justification and reasonableness. “Since then the petitioner is under house arrest and is not allowed to move out of his residential house and even not to meet any person including the leaders and workers of Congress Party in view of imposition of unreasonable, arbitrary and unconstitutional restrictions referred hereinabove,” he said.
Mir’s counsel further submitted that on October 1, 2019, the Chief election commissioner has issued a notification under Rule 102-A of the Jammu and Kashmir Panchayati Raj Rules, 1996, calling upon elected members of all the Halqa Panchayats of blocks to elect the Chairperson of the Block Development Councils and has announced the schedule for elections in the State.
In the petition it has been submitted that the petitioner is not being allowed by the respondents to move to Kashmir Valley for making selection/nomination of candidates belonging to Congress Party for ensuing BDC elections in the State in consultation with the other senior functionaries of the party.
It is submitted that the other senior leaders of the party, namely Saif-Ud-Din Soz (former Union Minister & PCC President), Peerzada Mohd. Syed (former PCC President & Cabinet Minister), Taj Mohi-Ud-Din (former Cabinet Minister), Haji Abdul Rashid Dar, Usman Majeed, Mohd. Ameen Bhat and Gulzar Ahmad Wani (all ex-MLAs) and dozens of other leaders have also been detained in their respective houses.
It was also submitted that since the election process for conducting of Block Development Councils (BDCs) elections in the State has been set in motion to strengthen the Panchayati Raj institutions in the State to ensure devolution of powers to the basic unit of democracy at gross-root level, the participation of people particularly their elected representatives in the election is the basic essence of democracy and without participation of people. “Democracy is nothing but a farce and due to imposition of undeclared, unjustified, unreasonable and illegal restrictions imposed by the State on the free movement, speech and expression of petitioner and other senior party functionaries has virtually been made impossible by the State,” Mir’s advocate pleaded.