New Delhi: The Central Government today informed the Supreme Court that the detention order of Senior Advocate and President of J&K High Court Bar Association Mian Abdul Qayoom will not be extended beyond the August 6 next month – the date it was due to expire.
As reported by Live Law, the submission was made in the plea filed on behalf of Qayoom, challenging the 28th May, 2020, Order of the J&K High Court which had dismissed his habeas corpus petition and upheld his detention under the J&K Public Safety Act, 1978.
A 3-Judge Bench headed by Justice Sanjay Kishan Kaul heard the matter and directed Solicitor-General Tushar Mehta to seek instructions on whether the Government was willing to release the Petitioner immediately on conditional bail till 6th August, 2020, post which the detention order would expire. Accordingly, the plea has been adjourned to July 29th.
Senior Advocate Dushyant Dave and Advocate Vrinda Grover, along with Advocate Soutik Banerjee, appeared on behalf of the Petitioner. Today, the SG submitted to the Court that Petitioner’s detention under the PSA would not be extended beyond 6th August, when it is due to expire.
In response to this, Dave and Grover argued that the Petitioner should be released immediately as every single day of his continued detention was an unconstitutional curtailment of his fundamental rights under Article 21. Dave further submitted to the Court that the Government did not possess the power to extend the detention period, and that the Petitioner’s release was squarely covered by multiple judgments of the Apex Court itself.
The Bench has directed the SG to seek instructions on whether the Government is willing to release the Petitioner immediately on conditional bail till 6th August, 2020, after which the detention order no longer survives.
On the previous date of hearing, the Supreme Court had adjourned the plea and had allowed the SG’s submission that the matter was under consideration and that a reply would soon be provided by the concerned authority.
(With inputs from Live Law)