Saifuddin Soz's wife files habeas corpus plea in SC seeking his release from house arrest

On Friday, May 29, Mumtazunnisa Soz filed a habeas corpus plea in the Supreme Court seeking the release of her husband Saifuddin Soz, a senior Congress leader. According to her, the former Union Minister was informed by his security guards of his house arrest on the morning of August 5, 2019, when the Presidential order revoking the special status of Jammu and Kashmir was passed. She contended that a copy of his detention orders had not been provided to him despite Saifuddin Soz's repeated attempts. Citing his political career which includes his tenure as Union Water Resources Minister and the awards received by him, Mumtazunnisa Soz contended that he is a law-abiding and peaceful citizen. 

She termed his detention as not just illegal, 'malafide, and unconstitutional but also appalling'. The senior Congress leader's wife maintained that Soz's detention was contrary to the constitutional safeguards laid down under Article 21 and 22  and was in contravention of the statutory scheme of the Jammu and Kashmir Public Safety Act, 1978, under which the arrest had purportedly been made. Furthermore, Mumtazunnisa Soz reiterated that her husband had consistently demonstrated unwavering loyalty to the Indian Constitution even in the wake of facing separatist threats. 

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Here is the Prayer: 

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Issue a writ in the nature of habeas corpus or any other appropriate writ directing the Respondents to produce the detenu, Prof. Saifuddin Soz, before this Hon’ble Court; and/or

b) Issue an appropriate writ, direction or order quashing the detention order(s) passed against the detenue; and/or

c) Issue a writ of mandamus directing the Respondents to release the detenue, Prof. Saifuddin Soz, forthwith; and/or

d) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case as well as in the interest of justice.

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Mehbooba Mufti continues to remain under detention

A presidential notification along with the passage of requisite legislation in both Houses of Parliament resulted in Article 370 becoming virtually redundant. Furthermore, the region was bifurcated into the Union Territories of J&K and Ladakh. Several restrictions were imposed in the region and multiple leaders including former Chief Ministers Farooq and Omar Abdullah and Mehbooba Mufti were detained. While the PSA charges against the Abdullah father-son duo were withdrawn in March 2020, Mufti was recently shifted to her Gupkar Road residence in Srinagar which was declared as a 'Subsidiary Jail'. On May 5, her detention under the PSA was extended by three months.

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