Sunday, July 12, 2020

HC dismisses petition challenging house detention of Kamal, others

Straight Line News Network

Srinagar, Nov 5: The common High Court of Jammu and Kashmir and Ladakh on Tuesday dismissed a petition challenging house detention of National Conference leader Mustafa Kamal and Awami National Conference leaders Muzaffar Shah and his mother Khalida Shah.

In the petition filed by the leaders through their counsel, the petitioners had submitted that they have been kept under house arrest at their own residential houses since August 5.

The police, however, disputed their claim, saying they have neither been put under house arrest nor their liberty has been curbed.

While dismissing the petition, the High Court said that petitioners are at liberty to prove their arrest before the proper forum and in appropriate proceedings.

“In its extraordinary writ jurisdiction under Article 226 of the Constitution of India, a writ Court is neither to hold an enquiry into the allegations made in a petition, nor take oral evidence. In writ proceedings, a fact is to be supported and proved by authentic documentary evidence. Press cuttings cannot be relied upon as authentic documentary evidence,” reads the order.

“Further a writ court cannot hold enquiry into disputed facts. Once facts are disputed, the writ petition is rendered not maintainable. In such circumstances, the only option available to a writ court is to dismiss the writ petition, leaving the party concerned free to take recourse to appropriate remedy,” it further said.

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