‘Hundreds of IOK detainees have no legal assistance’ » Kashmir Media Service

New Delhi, September 13 (KMS): Incarcerated bureaucrat-turned-politician, Shah Faesal has said that hundreds of Kashmiris residents have been unlawfully detained in occupied Kashmir and have no legal assistance.

Shah Faesal, seeking permission to withdraw a plea challenging his detention, told the Delhi High Court through an affidavit that he didn’t wish to pursue the habeas corpus plea against his unlawful detention as most of the Kashmiri detainees have no legal counsel or other remedies.

Solicitor General, Tushar Mehta, appearing for the Indian government, told a bench of Justices Manmohan and Sangita Dhingra Sehgal that they did not admit the contents of the affidavit filed by Faesal’s wife to withdraw the petition. The high court allowed Faesal to withdraw his plea after his wife filed an affidavit in this regard.

Faesal’s wife told the high court that she recently met him in custody and had received instructions to withdraw the habeas corpus plea which required a person under detention or illegal custody to be brought before a court.

“That on September 10, I (wife) met the petitioner (Faesal) at the detention centre in Srinagar where he is being held. In this meeting, I received clear oral instructions from the petitioner to withdraw the present petition.

“The petitioner communicated to me that in consideration of the fact that hundreds of other residents of Kashmir have been unlawfully detained in the intervening weeks and have not been released as of yet, being aware of the fact that many or most of the these detainees have no legal counsel or other remedies, he no longer wishes to pursue the present petition as a legal remedy against his unlawful detention. Therefore this court is requested to kindly permit the petitioner to withdraw the present petition,” the affidavit said.

The habeas corpus has been filed by a follower of Shah Faesal seeking his release. The petition said that the former bureaucrat was illegally detained at the Delhi airport on August 14 and taken back to Srinagar, where he has been kept under detention.

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