Since August 4, 2019, when the chief federal government reduced Jammu and Kashmir from a state to two union territories, AMirwaiz Umar Farooq has been held in home imprisonment.
Hurriyat chairman Mirwaiz Umar Farooq, who has been held in house confinement for the past four years, has now submitted a legal notice to the government requesting his release and threatening to sue if it receives a negative response.
Since August 4, 2019, when demoted to two union territories, Farooq has been in house imprisonment.
Nazir Ahmad Ronga, Mirwaiz’s attorney, sent the following legal notice to J&K Chief Secretary Arun Kumar Mehta: “You are therefore, through the medium of this legal notice, requested to lift/remove the restrictions imposed upon the movement of my client by the deployment of large contingent of security forces outside his Nigeen residence as the illegal and unauthorised detention of my client has curtailed his life & liberty guaranteed to him under Article 21 in addition to y
The clause goes on to state that “if my client finds no prompt and favourable response to this legal notice, he shall be constrained and compelled to file the appropriate proceedings or writ in the competent court of jurisdiction, which he has a right to do and move for the redress of his genuine and legitimate grievances and for the protection of his fundamental rights, particularly those guaranteed under Article 21 and; Articles 25 to 28 of the constitution.”
A year after J-K’s Lt Governor Manoj Sinha declared that Mirwaiz is not subject to house arrest and is free to travel anywhere, Mirwaiz has given the government notice.
Even in 2019, there was no Public Safety Act [PSA] brought against him (Mirwaiz Umar Farooq). He is not held captive. Unfortunately, his father was murdered in the past. To safeguard him, we maintain security around his home, LG Sinha had stated in an interview.
Mirwaiz must choose his course of action. He is neither in custody nor under home arrest, Sinha had stated.
The rebel leader, who also serves as Kashmir’s Mirwaiz (Chief Priest) and preaches every Friday at Srinagar’s main mosque, has been unable to leave his home for the past four years.
People are upset by the government’s decision to prevent Mirwaiz from leading Friday prayers at the large mosque, especially his supporters. Mirwaiz has skipped more than 200 Friday congregations during the past four years.
According to Mirwaiz’s legal notice, he was held “illegally and without serving any order of detention” by the government. The ironic aspect of the situation is that my client has been unlawfully detained without having received a detention order, and his freedom has been arbitrarily restricted as a result. He has also not been given any explanation for his detention and is not allowed to leave his home because of the large number of police officers who have been stationed there to restrict his movement.
“Therefore, the said illegal and unjustified detention is against the fundamental framework of the principles of natural justice embedded under legal maxim audi alteram partem,” it continues. As a result, it is now very evident that my client’s fundamental rights are being blatantly violated by being convicted without being heard.
Mirwaiz is described as a “leading religious figure of JK, a scholar, preacher, particularly Mirwaiz e Kashmir known for his integrity and humanity who preaches the message of peace; love, strengthening of brotherhood, and communal harmony” in the court notice.
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In addition, it claims that his fundamental rights have been violated by the deprivation of his personal and religious freedom. “It is crucial to draw attention to the suffering, mental suffering, and sense of uncertainty, particularly the violation of my client’s religious liberties… The notice states that (he) has had his freedom restricted in addition to being robbed of his religious rights.
“Due to his wrongful incarceration by the state power, my client has been continuously suffering from all of this for the past four years. All of this has been done in light of recent events, including occurrences following the repeal of Article 370, 35A, which violates Articles 21 and 25–28 and necessitates legal prevention. No effort should be made to compromise the integrity of the law, which protects everyone equally because all people are created equal. However, my client is receiving different treatment, is experiencing discrimination in all areas, and is being denied rights that are guaranteed to him by the relevant laws, the statement continues.
The notification further notes that Mirwaiz’s “illegal” incarceration has resulted in major health problems for him. The letter also states that although “my client suffered an irreparable loss” in terms of “various and serious health issues” that he has been dealing with from his arrest until now, it appears that this has no effect on state administration.
