Decided on August 14,2020

Hilal Akbar Lone Appellant
Union Territory Of Jk Respondents


Ali Mohammad Magrey - (1.)By the medium of present petition, the petitioner has prayed for following reliefs:
"a) By issuance of writ, order or direction one in the nature of Habeas Corpus, the issued by Respondent no. 1 to 4 be commanded to produce the petitioner before this Hon'ble court and upon his production before this Hon'ble court, the petitioner be set at liberty.

b) By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to pay compensation to the tune of Rs. 1.00 Crores for the illegal detention of the petitioner since 18.6.2020

c) Any other relief which this Hon'ble court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner and against the respondents."

(2.)The petitioner has given the details of his custody by stating that he was taken into custody by the Police Station Sumbal Bandipora on 10.08.2019 under section 107 and 151 of the Cr.P.C. and lodged at SKICC (Sher-e- Kashmir International Conference Centre) Centaur Hotel which had been converted into a sub-jail till November, 2019. It is further stated that subsequently he came to be detained in terms of the provisions of the Public Safety Act in terms of Order no. 67/DMB/PSA of 2019-2020 dated 9.02.2020 which had subsequently been revoked on 18th June, 2020. Petitioner states in his petition that from 18th June, 2020 he is under illegal detention at his official residence at Tulsi Bagh Srinagar, as the security guards posted there are not allowing him to move outside.
(3.)The petitioner claims to be an actively practicing and reputed lawyer of the J&K having served the erstwhile State as Deputy Advocate General in the year 2009 and subsequently as Additional Advocate General in the year 2012. It is stated in the petition that the father of the petitioner has won the Parliamentary Election from Baramulla Constituency in May 2019 and the petitioner has been considered to be the most probable MLA candidate by the respondents. Petitioner has further claimed to be associated with National Conference which is a registered and established political party of the J&K since long. He claims to be not allowed to venture out of his home thereby violating his constitutional rights guaranteed in terms of Article 21 of the Constitution of India. Hence the petition.

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