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A Habeus Corpus Plea has been moved to the Supreme Court against the detention order of the congress leader and former union minister prof. Saifuddin Soz who has been acquitted by the Government of Jammu & Kashmir on 5th August, 2017. The plea is filed by Advocate-on-record Sunil Fernandes on behalf of the wife of Saifuddin Soz.
The Plea staes that the detention of the congress leader Saifuddin Soz is contrary to the Article 21 and 22 of the Constitution of India as well as the Law on Prevention Detention. It is also contravenes the statutory scheme of the Jammu & Kashmir Public Safety Act, 1978 under which detention order has been passed. The plea further contends that the grounds of detention have not communicated to them by the authority which passes the detention order of Saifuddin Soz, this detention is in violation of the Article 22(5) of the Constitution of India which states that the authority which passes the order of detention shall communicate to the detenue the grounds of detention. It was further stated that the detenue has been kept in detention without reasons for more than 10 months on the date of the petition filed in the supreme court.
The detenue has been denied the right to make a representation against the order of detention which contravenes the constitutional safeguards and PSA Act, 1978. It was stated that the indefinite detention of the detenue leads to the violation of Article 21 and Article 22 of the Constitution of India. The plea further stated that the deteue has no criminal antecedent and has not indulged in any activity that could be stated as the commitment of an offence under PSA Act.
The plea also states that Saifuddin Soz is a senior citizen and an octogenarian and his conduct both prior to and post the revocation of status of the state of Jammu & Kashmir, has been peaceable. In the light of these, the habeus corpus plea has been filed to the supreme court by the wife of the congress leader Saifuddin Soz against the indefinite detention of her husband.
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